Special Administrative Measures for the Access of Foreign Investment in the China (Shanghai) Pilot Free Trade Zone (Negative List) (2013)
The English version is for reference only. If there is any inconsistency or conflict between the English and Chinese version, the Chinese version shall prevail.
(Hu Fu Fa [2013] No. 75)
We hereby promulgate the Special Administrative Measures for the Access of Foreign Investment in the China (Shanghai) Pilot Free Trade Zone (Negative List) (2013) in accordance with the laws and regulations on foreign investment, the Framework Plan for the China (Shanghai) Pilot Free Trade Zone, and the Catalogue of Industries for Guiding Foreign Investment (2011 Revision).
It is hereby announced.
Attachment: Special Administrative Measures for the Access of Foreign Investment in the China (Shanghai) Pilot Free Trade Zone (Negative List) (2013)
Shanghai Municipal People’s Government
29.09.2013
Attachment
Special Administrative Measures for the Access of Foreign Investment in the China (Shanghai) Pilot Free Trade Zone (Negative List) (2013)
Shanghai Municipal People’s Government
Statement
The Special Administrative Measures for the Access of Foreign Investment in the China (Shanghai) Pilot Free Trade Zone (Negative List) (2013) (hereinafter “Negative List”) are formulated in accordance with the laws and regulations on foreign investment, the Framework Plan for the China (Shanghai) Pilot Free Trade Zone, and the Catalogue of Industries for Guiding Foreign Investment (2011 Revision), setting forth access measures, inconsistent with national treatment, etc., taken for foreign investment projects and the establishment of foreign-invested enterprises in the China (Shanghai) Pilot Free Trade Zone (hereinafter the “FTZ”). The Negative List is prepared in categories according to the National Economic Industrial Classification and Codes (2011), containing 18 industrial sectors. Two industrial sectors, S (public administration, social security and social organizations) and T (international organizations), shall not apply the Negative List.
For sectors outside of the Negative List, foreign investment projects shall be subject to the filing system instead of the approval system (unless otherwise specified by the State Council to reserve the approval authority with respect to some domestic investment projects); and the approval requirement of the contracts and articles of association of foreign-invested enterprises is replaced by the requirement of filing for record.
In addition to the special administrative measures for the access of foreign investment, foreign investors are prohibited (restricted) to invest in industries that are prohibited (restricted) by the State and under international treaties concluded or participated in by China, or invest in projects endangering national security and social security, or be engaged in operating activities impairing public interests.
Foreign capital M&A in the FTZ, strategic investment of foreign investors in listed companies, and capital contributions made by overseas investors with shares they hold in domestic enterprises in China shall comply with relevant regulations; and if involved in national security review or antitrust review, it shall apply relevant regulations.
Investors of the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan shall make investment in the FTZ by reference to the Negative List. If there are opening measures more favorable to qualified investors and applicable to the FTZ in the Closer Economic Partnership Arrangements between Mainland and Hong Kong/Macao and their supplementary agreements, the Economic Cooperation Framework Agreement and the following Cross-Strait Service Trade Agreement, and the Free Trade Agreement signed by China, the provisions of such relevant agreements shall apply.
The Negative List shall be adjusted in due time according to the laws and regulations on foreign investment and the development requirements of the FTZ.
Special Administrative Measures for the Access of Foreign Investment in the China (Shanghai) Pilot Free Trade Zone (Negative List)
(2013)
Sector |
Category |
Sub-Category |
Special Administrative Measures |
Agriculture, Forestry, Animal Husbandry and Fishery Industries |
A01 Agriculture, A02 Forestry, A03 Animal Husbandry, A04 Fishery, A05 Agriculture, Forestry, Animal Husbandry and Fishery Service |
|
Equity or contractual joint venture is required for investment in the planting and cultivation of Chinese medicinal materials. It is restricted to invest in the cultivation of new varieties and seed production of crops (Chinese parties as controlling shareholders). Equity or contractual joint venture is required for investment in crop seed enterprises; the registered capital of a grain, cotton or oil crop seed enterprise invested in shall not be less than USD 2 million, and the investment proportion of Chinese parties shall be more than 50%; and the registered capital of any other crop seed enterprise shall not be less than USD 500,000. It is restricted to invest in cotton (seed cotton) processing. It is restricted to invest in the processing of timber of precious wood species (limited to equity or contractual joint venture). It is prohibited to invest in the development and research, breeding and planting of China’s rare and endemic precious species, as well as the production of relevant propagating materials (including good genes in farming, animal husbandry and aquaculture industries), the research and development of genetically modified organisms, and the production of genetically modified crop seeds, breeding livestock and poultry, and aquatic offspring. It is prohibited to invest in fishing in the sea area within the jurisdiction and inland waters of China. |
Mining Industry |
B06 Coal mining and washing |
|
It is restricted to invest in the mining of special and scarce coal types (Chinese parties as controlling shareholders). |
B07 Petroleum and natural gas mining |
|
Equity or contractual joint venture is required for investment in the exploitation of coal-bed gas and the utilization of mine gas. Equity or contractual joint venture is required for investment in the exploitation of petroleum and natural gas. Equity or contractual joint venture is required for investment in the exploitation of oil and gas deposits (fields) with low osmosis. Equity or contractual joint venture is required for investment in the improvement of the recovery of crude oil and the development and application of relevant new technologies. Equity or contractual joint venture is required for investment in the development and application of new technologies for prospecting and exploitation of petroleum, such as geophysical prospecting, well drilling, well logging and down-hole operation. Equity or contractual joint venture is required for investment in the exploitation of oil shale, oil sands, heavy oil, extra heavy oil and other unconventional oil resources. Equity or contractual joint venture is required for investment in the exploitation of shale gas, seabed gas hydrate and other unconventional gas resources. |
|
B08 Black metal mining and beneficiation |
|
It is restricted to invest in the mining and beneficiation of pyrite and the mining of szaibelyite iron ore. |
|
B09 Non-ferrous metal mining and beneficiation |
|
It is restricted to invest in the mining of szaibelyite, the mining and beneficiation of lithium ores, and the mining of precious metals (gold, silver, and platinum families). It is prohibited to invest in the mining of wolfram, molybdenum, tin and antimony and the mining and beneficiation of rare earth and radioactive minerals. |
|
B10 Non-metal mining and beneficiation |
|
It is restricted to invest in the mining of barite (limited to equity or contractual joint venture). It is restricted to invest in the mining of diamonds, high-alumina fireclay, wollastonite, graphite and other important nonmetallic minerals, the mining and beneficiation of phosphate, the refining of salt lake brine resources, and the mining of celestite. It is restricted to invest in the mining of marine manganese nodules and sea sand (Chinese parties as controlling shareholders). It is prohibited to invest in the mining of fluorite. |
|
B11 Mining auxiliary activities |
|
It is restricted to invest in the processing of szaibelyite iron ore. |
|
Manufacturing Industry
Manufacturing Industry
Manufacturing Industry
Manufacturing Industry
Manufacturing Industry
Manufacturing Industry
Manufacturing Industry
|
C13 Agricultural and sideline food processing |
C131 Grain milling |
It is restricted to invest in the processing of rice and flour. |
C133 Vegetable oil processing |
It is restricted to invest in the processing of soybean oil, rapeseed oil, peanut oil, cottonseed oil, tea seed oil, sunflower seed oil, palm oil and other edible oils (Chinese parties as controlling shareholders). It is restricted to invest in the production of biological liquid fuel (fuel ethanol and biodiesel) (Chinese parties as controlling shareholders). |
||
C139 Processing of other agro-foods |
It is restricted to invest in the deep processing of corn. |
||
C15 Alcohol, beverage and refined tea manufacturing |
C151 Alcohol manufacturing |
It is restricted to invest in the production of rice wine and brand-name and high-quality wine (Chinese parties as controlling shareholders). |
|
C153 Refined tea processing |
It is prohibited to invest in the processing of green tea and special tea with Chinese traditional crafts (famous teas, smoked teas, etc.) |
||
C16 Tobacco products |
C161 Tobacco redrying |
It is restricted to invest in the processing and production of threshed and redried tobacco leaves |
|
C169 Manufacturing of other tobacco products |
Equity or contractual joint venture is required for investment in the processing of cellulose diacetate and tows. |
||
C22 Papermaking and paper products |
C221 Paper pulp production |
Equity or contractual joint venture is required for investment in the production of chemical wood pulp with a single-line annual production capacity of 300,000 tons or more and chemical mechanical wood pulp with a single-line annual capacity of 100,000 tons or more mainly by use of offshore wood resources as well as the simultaneous production of high-grade paper and paperboard. |
|
C23 Printing and record medium reproduction |
C231 Printing |
It is restricted to invest in publication printing (Chinese parties as controlling shareholders), and the registered capital shall be not less than RMB 10 million. |
|
C233 Record medium reproduction |
Equity or contractual joint venture is required for investment in the reproduction of read-only disks, (Chinese parties as controlling shareholders or have predominance). |
||
C24 Manufacturing of cultural and educational, arts and crafts, sports, and entertainment products |
C243 Manufacturing of arts and crafts |
It is prohibited to invest in ivory carvings, tiger bone processing, and the production of bodiless lacquerware, enamelware, rice paper and ink ingots |
|
C25 Petroleum processing and coking and nuclear fuel processing |
C251 Manufacturing of refined petroleum products |
It is restricted to invest in atmospheric and vacuum oil refining at 10 million tons or less per year, catalytic cracking at 1.5 million tons or less per year, continuous reforming at 1 million tons or less per year (including aromatics extraction) and hydrocracking production at 1.5 million or less |
|
C253 Nuclear fuel processing |
It is prohibited to invest in the smelting and processing of radioactive minerals |
||
C26 Manufacturing of chemical raw materials and chemical products |
C261 Manufacturing of basic chemical raw materials |
It is restricted to invest in the production of PVC by acetylene method, ethene of limited output and its post-processing products, soda ash, caustic soda, sulfuric acid, nitric acid, potash and inorganic salt |
|
C264 Manufacturing of coatings, inks, paints and similar products |
It is restricted to invest in the production of benzidine, pigment and paint |
||
C265 Manufacturing of synthetic materials |
It is restricted to invest in the production of butadiene rubber (except for high-cis butadiene rubber), emulsion styrene butadiene rubber and thermoplastic styrene-butadiene rubber |
||
C266 Manufacturing of special chemical products |
It is restricted to invest in the production of precursor chemicals (ephedrine, 3,4-acctonc phenyl-2-acetone, phenylacetic acid, 1-phenyl-2-acetone, piperonal, safrole, isosafrole, and acetic anhydride), hydrogen fluoride and other low-end HCFC or CFC compounds, and photosensitive materials |
||
C267 Manufacturing of explosives, pyrotechnics and fireworks |
It is prohibited to invest in the manufacturing of weapons and ammunition |
||
C27 Pharmaceutical products |
C271 Manufacturing of crude drugs for chemical medicine |
It is restricted to invest in the production of raw materials for narcotics and Class I psychoactive medicines (Chinese parties as controlling shareholders). |
|
C272 Manufacturing of preparations for chemical medicine |
It is restricted to invest in the production of chloramphenicol, penicillin G, lincomycin, gentamicin, dihydrostreptomycin, amikacin, tetracycline hydrochloride, oxytetracycline, midecamycin, leucomycin, cyproterone droperidol acid, norfloxacin, ofloxacin, dipyrone, paracetamol, vitamin B1, vitamin B2, vitamin C, vitamin E, multivitamin preparations and oral calcium |
||
C273 Processing of traditional Chinese medicines in small pieces ready for decoction, |
It is prohibited to invest in the processing of traditional Chinese herb medicines included in the Regulations on Protection of Wild Medicinal Resources and the List of Rare and Endangered Plants Protected in China. It is prohibited to invest in the application of steaming, frying, moxibustion, calcining and other preparation technologies and the production of confidential prescription productions for Chinese patent medicines. |
||
C276 Manufacturing of biological medical products |
It is restricted to invest in the production of blood products and of vaccines included in the national immunization program. |
||
C28 Chemical fiber manufacturing |
C282 Synthetic fiber manufacturing |
It is restricted to invest in the production of chemical fiber drawnwork of conventional chipper and of viscose staple fiber |
|
C32 Non-ferrous metal smelting and rolling processing |
C321 Common non-ferrous metal smelting |
It is restricted to invest in the smelting of electrolytic aluminum, copper, lead, zinc and other non-ferrous metals. |
|
C323 Uncommon rare earth metal smelting |
It is restricted to invest in the smelting of tungsten, molybdenum, tin (excluding tin compounds), antimony (including antimony trioxide and antimony sulfide) and other rare metals It is restricted to invest in rare earth smelting and separation (limited to equity or contractual joint venture) |
||
C34 General equipment manufacturing |
C343 Manufacturing of material handling equipment |
Equity or contractual joint venture is required for investment in the manufacturing of wheeled or crawler cranes hoisting machinery with a lifting capacity of 400 tons or above It is restricted to invest in the manufacturing of wheeled or crawler hoisting machinery with a lifting capacity of less than 400 tons (limited to equity or contractual joint venture) |
|
C345 Manufacturing of bearings, gears and transmission components |
It is restricted to invest in the manufacturing of all ordinary (P0) bearings and parts (steel balls and holders) and workblanks |
||
C35 Special-purpose equipment manufacturing
|
C351 Manufacturing of special-purpose equipment for mining, metallurgy and construction |
Equity or contractual joint venture is required for investment in the design of deepwater (more than 3,000 meters) marine engineering equipment. Chinese parties as controlling shareholders are required for investment in the manufacturing of marine engineering equipment (including modules) It is restricted to invest in the manufacturing of bulldozers of 320 horsepower or less, hydraulic excavators of 30 tons or less, wheeled loaders of 6 tons or less, land levelers, road rollers and forklifts of 220 horsepower or less, electrically driven off-highway dump trucks of 135 tons or less, hydro-mechanically driven off-highway dump trucks of 60 tons or less, asphalt concrete mixing and paving equipment, high-attitude operation machinery, garden machinery and tools, and ready-mixed concrete machinery (pilot pumps, agitating lorries, mixing stations, and pump trucks). |
|
C352 Manufacturing of chemical, wood and non-metal processing equipment |
Equity or contractual joint venture is required for investment in the manufacturing of complete sets of large coal chemical equipment |
||
C355 Manufacturing of textile, clothing and leather processing equipment |
It is restricted to invest in the manufacturing of equipment for ordinary dacron filament and staple fiber |
||
C359 Manufacturing of environmental protection, social and public service and other special-purpose equipment |
Equity or contractual joint venture is required for investment in the manufacturing of air traffic control system equipment. |
||
C36 Automobile manufacturing |
C361 Automobile manufacturing, C362 Modified automobile manufacturing, C363 Low-speed truck manufacturing, C364 Tram manufacturing, C365 Auto body and trailer manufacturing |
Chinese party(ies) shall hold no less than 50% of shares in a Sino-Foreign equity joint enterprise manufacturing automobiles, special vehicles and farm vehicles; when a listed automobile, special vehicle or farm vehicle joint-stock company sells its shares to the public, one of the Chinese parties shall hold a relative majority of shares which shall be more than the sum of the shares held by all foreign legal entities; a foreign company can establish less than 2 (inclusive) equity joint ventures manufacturing similar (passenger and commercial) vehicles in China, and if it merges any other domestic auto manufacturer jointly with a Chinese party, it can establish more than two such equity joint ventures |
|
C366 Manufacturing of auto spare parts and accessories |
Equity joint venture is required for investment in the manufacturing and R&D of automobile electronic bus network technologies and electronic controllers for electric power steering systems; Equity or contractual joint venture is required for investment in the manufacturing and R&D of embedded electronic integrated systems Investment in high energy power batteries for new energy automobiles (energy density ≥ 110Wh/kg, cycle life ≥ 2,000 times): The proportion of foreign investment shall not be more than 50% |
||
C37 Railway, vessel, aerospace and other transportation equipment manufacturing |
C371 Railway transportation equipment manufacturing, C372 Urban track transportation equipment manufacturing |
Equity or contractual joint venture is required for investment in track transportation equipment: Research and development, design, and manufacturing of vehicles and key parts and components (traction drive system, control system, and brake system) of transportation equipment for high-speed railway, special lines for railway passenger transportation, intercity railway, trunk railway, and urban track transportation; research and development, design, and manufacturing of service facilities and equipment for high-speed railway, special lines for railway passenger transportation, intercity railway, and urban track transportation; design and research and development of relevant information systems during information technology development; research and development, design, and manufacturing of track and bridge facilities for high-speed railway, special lines for railway passenger transportation and intercity railway; research and development, design, and manufacturing of track transportation signal systems; manufacturing of electrified railway equipment and apparatus, research and development of railway noise and vibration control technology, manufacturing of waste discharge equipment for railway passenger trains, and manufacturing of railway transportation safety monitoring equipment. |
|
C373 Manufacturing of vessels and relevant devices |
Equity or contractual joint venture is required for investment in the design of luxury cruise ships, the design of low- and medium-speed diesel engines of vessels and their spare parts, and the design and manufacturing of yachts. Chinese parties shall be controlling shareholders for investment in the manufacturing of low- and medium speed diesel engines and vessels and curved axles Chinese parties shall be relatively controlling shareholders for investment in the design and manufacturing of cabin machinery of vessels It is restricted to invest in the design and manufacturing of vessels (including sections) (Chinese parties as controlling shareholders) |
||
C375 Motorcycle manufacturing |
Chinese party(ies) shall hold no less than 50% of shares in a Sino-Foreign equity joint enterprise manufacturing motorcycles; When a listed motorcycle joint-stock company sells its shares to the public, one of the Chinese parties shall hold a relative majority of shares which shall be more than the sum of the shares held by all foreign legal entities; a foreign company can establish less than 2 (inclusive) equity joint ventures manufacturing motorcycles in China, and if it merges any other domestic auto manufacturer jointly with a Chinese party, it can establish more than two such equity joint ventures Investment in the manufacturing of key parts and components for high-emission (>250ml) motorcycles: Equity or contractual joint venture is required for investment in electronically-controlled fuel injection technology for motorcycles |
||
C38 Electric machinery and equipment manufacturing
|
C381 Electric machinery manufacturing |
Equity or contractual joint venture is required for investment in the manufacturing of key auxiliary equipment used for one million-kilowatt ultra-supercritical thermal power units: safety valves and control valves Equity or contractual joint venture is required for investment in the manufacturing of power transmission and transformation equipment: amorphous alloy transformers, operating gears for high-voltage switches of 500 kilowatts or more, arc-control devices, large disc insulators (1,000 KV, 50 KA or more), outlet devices and sleeves used for 500 KV or more transformers (500, 750 and 1,000 KV AC and all specifications for DC), voltage regulating switches (on-load or no-load voltage regulating switches of 500, 750 and 1,000 KV AC), dry-type smoothing reactors for direct current transmission, converter valves for +800 KV direct current transmission (water coolers and DC field equipment), contact materials for electrical appliances in conformity with EU RoHS Directives, and Pb-free and Cd-free solders Equity or contractual joint venture is required for investment in the manufacturing of large pumped power storage units with rated power of 350MW or more (limited to Chinese-Foreign equity or contractual joint ventures): pump-turbines and speed controllers, large variable speed reversible pump-turbine units, generator-motors, and excitation, starters and other ancillary equipment |
|
C384 Battery manufacturing |
It is prohibited to invest in the manufacturing of open (i.e., acid mist directly coming out) lead-acid batteries, mercury-containing silver oxide button batteries, mercury-containing alkaline zinc-manganese button batteries, pasted zinc-manganese batteries, and nickel-cadmium batteries |
||
C39 Computer, communication equipment and other electronic equipment manufacturing |
C392 Communication system manufacturing |
Chinese parties shall be controlling shareholders for investment in the design and manufacturing of civil satellites and the manufacturing of civil satellite payloads |
|
C393 Radio and television equipment manufacturing |
It is restricted to invest in the manufacturing of satellite telecasting ground receiving facilities and key components |
||
C43 Repair of metal products, machinery and equipment |
C433 Repair of special equipment |
Equity or contractual joint venture is required for investment in the repair of civil aircraft and utility aircraft, aircraft engines and their spare parts, and aircraft auxiliary power systems Chinese parties shall be controlling shareholders for investment in the repair of civil aircraft for trunk lines and regional aircraft Chinese parties shall be controlling shareholders for investment in the repair of marine engineering equipment (including modules) It is restricted to invest in the repair of vessels (including sections) (Chinese parties as controlling shareholders) |
|
Power, Gas and Water Production and Supply Industries |
D44 Electric and heating power production and supply |
|
Chinese parties shall be controlling shareholders for investment in the construction and operation of nuclear power stations It is restricted to invest in the construction and operation, within small grids, of power plants using coal-fired and steam condensation thermal generator sets with a single generator capacity of 300,000 kilowatts or less and thermoelectric power stations using coal-fired, steam condensation and extraction thermal generator sets with a single generator capacity of 100,000 kilowatts or less It is restricted to invest in the construction and operations of grids (Chinese parties as controlling shareholders) and pipeline networks for gas, heat, and water supply and sewage in cities with a population of more than 500,000 (Chinese parties as controlling shareholders) It is prohibited to invest in the construction and operation, outside small grids, of power plants using coal-fired and steam condensation thermal generator sets with a single generator capacity of 300,000 kilowatts or less and thermoelectric power stations using coal-fired, steam condensation and extraction thermal generator sets with a single generator capacity of 100,000 kilowatts or less |
D45 Gas production and supply, D46 Water production and supply |
|
It is restricted to invest in the construction and operations of pipeline networks for gas, heat, and water supply and sewage in cities with a population of more than 500,000 (Chinese parties as controlling shareholders) |
|
Construction Industry |
E48 Civil engineering construction |
E481 Construction of railway, road, tunnel and bridge facilities |
Equity or contractual joint venture is required for investment in the construction and operation of branch railway lines, local railway lines, and related bridges, tunnels, ferries and station facilities Chinese parties shall be controlling shareholders for investment in the construction and operation of networks of trunk railway lines Chinese parties shall be controlling shareholders for investment in the comprehensive maintenance of infrastructures of high-speed railway lines, passenger railway lines and intercity railways Chinese parties shall be controlling shareholders for investment in the construction and operation of urban subway, light railway and other track transport |
Wholesale and Retail Industries
Wholesale and Retail Industries
|
F51 Wholesale |
F511 Wholesale of agriculture, forestry and husbandry products |
It is restricted to invest in the purchase of grains and the wholesale and distribution of grains and cotton |
F512 Wholesale of foods, beverage and tobacco products |
It is restricted to invest in the wholesale and distribution of vegetable oil, sugar and tobacco It is prohibited to invest in the wholesale of salt. |
||
F514 Wholesale of cultural and sports products and materials |
Except that Hong Kong and Macao service providers can provide the distribution of sound and video recordings (including post movie products) in the wholly owned or equity or contractual joint venture form, the investors of any other country or region are restricted to invest in the distribution of sound and video recordings (excluding movies) (limited to contractual joint venture) |
||
F516 Wholesale of minerals, construction materials and chemical products |
It is restricted to invest in the wholesale and distribution of crude oil, fertilizers, agricultural plastic films, product oil (including oil under bond) |
||
F518 Trade brokerage and agency |
It is prohibited to invest in cultural relics auction |
||
F52 Retail
|
F521 General retail |
It is restricted to invest in the retail and distribution of cotton, crude oil, agricultural chemicals and fertilizers (in the case of selling products of different varieties and brands from multiple suppliers through more than 30 chain stores, the Chinese parties shall be the controlling shareholders.) |
|
F522 Special retail of foods, beverage and tobacco products |
It is restricted to invest in the retail and distribution of grains, vegetable oil, sugar and tobacco (in the case of selling products of different varieties and brands from multiple suppliers through more than 30 chain stores, the Chinese parties shall be the controlling shareholders) |
||
F524 Special retail of cultural and sports products and materials |
Except that a Hong Kong or Macao service provider can contribute no more than 65% of the investment in retail chain operation of books, newspapers and periodicals, if the investor of any other country or region invests in the retail chain operation of books, newspapers and periodicals and the number of chain stores is more than 30, it is not allowed to be the controlling shareholder Except that Hong Kong and Macao service providers can provide the distribution of sound and video recordings (including post movie products) in the wholly owned or equity or contractual joint venture form, the investors of any other country or region are restricted to invest in the distribution of sound and video recordings (excluding movies) (limited to contractual joint venture) It is prohibited to invest in cultural relics stores |
||
F526 Special retail of automobiles, motorcycles, fuel and spare parts |
It is restricted to invest in the construction and operation of gas stations (in the case of selling products of different varieties and brands from multiple suppliers through more than 30 chain stores, the Chinese parties shall be the controlling shareholders) |
||
F529 Stalls, virtual stores and other retail |
It is restricted to invest in direct sales, mail order and online sales |
||
Transportation, Warehousing and Postal Service Industries
|
G53 Railway transportation |
G531 Railway passenger transportation |
It is restricted to invest in railway passenger transport companies (Chinese parties as controlling shareholders) |
G532 Railway freight transportation |
It is restricted to invest in railway freight transport companies (limited to equity or contractual joint venture) |
||
G54 Road transportation |
G542 Road passenger transportation |
It is restricted to invest in road passenger transport companies (limited to equity joint venture), and the foreign investment proportion shall not be more than 49% and one of the major investors shall be an enterprise engaged in road passenger transportation in China for more than 5 years |
|
G543 Road freight transportation |
It is restricted to invest in cross-border automobile transport companies |
||
G55 Water transportation |
G551 Water passenger transportation, G552 Water freight transportation |
It is restricted to invest in water transportation companies (Chinese parties as controlling shareholders); Chinese parties shall be the controlling shareholders for investment in scheduled or non-scheduled international marine transportation services |
|
G553 Auxiliary activities for water transportation |
Investment in international maritime cargo handling, international maritime container station and yard services is limited to equity or contractual joint venture It is restricted to invest in vessel agencies (Chinese parties as controlling shareholders) It is restricted to invest in ocean shipping tally companies (limited to equity or contractual joint venture) |
||
G56 Air transportation |
G561 Air passenger and freight transportation |
For investment in air transport companies, Chinese parties shall be controlling shareholders, and the operating period shall not exceed 30 years; for investment in public air transport companies, the investment proportion of a foreign company (including its affiliates) shall not exceed 25%, and the legal representative shall be a Chinese citizen |
|
G562 General airline services |
Equity or contractual joint venture is required for investment in general airline companies for agriculture, forestry and fishery Chinese parties shall be controlling shareholders for investment in general airline companies engaged in business flights and air tours and services industry It is restricted to invest in general airline companies for photography, prospecting, industry, etc. (Chinese parties as controlling shareholders) For general aviation enterprises, the operating period shall not exceed 30 years and the legal representative shall be a Chinese citizen |
||
G563 Auxiliary activities for air transportation |
Other than Hong Kong and Macao service providers, if any investor of any other country or region invests in air transport auxiliary services, it shall meet the requirements for foreign investment proportion, and the operating period shall not exceed 30 years Chinese parties shall be controlling shareholders for investment in aircraft maintenance (undertaking international aftermarket services) and aviation fuel projects Except that the domestic enterprise shall be a controlling shareholder if any Hong Kong or Macao service provider invests in civil aviation computer reservation systems, the investor of any other country or region is prohibited to invest in civil aviation computer reservation systems Chinese parties shall be relatively controlling shareholders for investment in the construction and operation of civil airports Except that a Hong Kong or Macao service provider can establish a wholly-owned air transport sales agency, if the investor of any other country or region invests in air transport sales agency, equity and contractual joint venture is required It is prohibited to invest in air traffic control companies |
||
G59 Warehousing |
G591 Warehousing of grains, cotton and other agricultural products |
Grain enterprises responsible for operation and management of grains and supply of grains for the army shall be state-owned or a state holding |
|
G60 Postal Services |
G601 General postal services, G602 Courier services |
It is prohibited to invest in domestic express delivery of letters and in postal companies |
|
Information Transmission, Software and IT Service Industries |
I63 Telecommunications, radio and television, and satellite transmission services |
I631 Telecommunications, I632 Radio and television transmission services, I633 Satellite transmission service |
It is restricted to invest in telecommunications, radio and television, and satellite transmission services It is prohibited to invest in all radio stations, television stations, radio and television channels (frequencies), radio and television transmission and coverage networks (transmitting stations, relay stations, radio and television satellites, satellite uplink stations, satellite receiving and transmitting stations, microwave stations, monitoring stations, and cable radio and television transmission and coverage networks) |
I64 Internet and related services |
I641 Internet access and related services, I642 Internet information services, I649 Other Internet services |
For investment in the operation of any information service other than an App Store, the foreign investment proportion shall not exceed 50%. For investment in the operation of domestic Internet virtual private network services, the foreign investment proportion shall not exceed 50%. It is prohibited to invest in the operation of news websites, online audio and video programs, business premises for Internet-access services, and Internet cultural business (excluding music). It is prohibited to directly or indirectly engage and participate in online game operator services. |
|
I65 Software and IT services |
I654 Data processing and storage services, I659 Other IT services |
Except that the foreign investment proportion shall not exceed 55% for investment in operating e-commerce, the foreign investment proportion shall not exceed 50% for investment in the operation of other online data processing and transaction processing. It is prohibited to invest in the operation of Internet data center services. |
|
Finance Industry |
J66 Monetary and financial services, J67 Capital market services, J68 Insurance, J69 Other financial services |
J661 Central bank services, J662 Monetary bank services, J663 Non-monetary bank services, J664 Banking supervision services, J671 Securities market services, J672 Futures market services, J673 Securities and futures supervision services, J674 Capital investment services, J679 Other capital market services, J681 Personal insurance, J682 Property insurance, J683 Reinsurance, J684 Pensions, J685 Insurance brokerage and agency services, J686 Insurance supervision services, J689 Other insurance activities, J691 Financial trust and management services, J692 Holding company services, J693 Non-financial institution payment services, J694 Financial information services, J699 Other unspecified financial services |
It is restricted to invest in banks, finance companies, trust companies and currency brokerage companies. It is restricted to invest in insurance companies (including group companies; in the case of life insurance companies, the proportion of foreign investment shall not exceed 50%), insurance intermediaries (including insurance brokerage, agency, and assessment companies), and insurance asset management companies. It is restricted to invest in securities companies (with the proportion of foreign investment not exceeding 49%; at the beginning of incorporation, the business scope is limited to the underwriting and sponsorship of stocks (including RMB ordinary stocks and foreign stocks) and bonds (including government and corporate bonds), the brokerage of foreign stocks, and the brokerage and self-operation of bonds (including government and corporate bonds); expansion of business scope can be applied for if the enterprise continues operations for more than 2 years and meets relevant conditions), securities investment fund management companies (with the proportion of foreign investment not exceeding 49%), securities investment consulting agencies (limited to Hong Kong and Macao service providers, with the proportion of shares not exceeding 49%), and futures companies (limited to Hong Kong and Macao service providers, with the proportion of shares not exceeding 49%). Investment in small-amount loan companies and financing guarantee companies shall comply with relevant regulations. The total assets of the foreign investor investing in the finance leasing company shall not be less than USD 5 million; the company’s registered capital shall not be less than USD 10 million, and senior managers shall have appropriate professional qualifications and relevant experience of no less than 3 years |
Real Estate Industry |
K70 Real estate |
K701 Real estate development and operation |
It is restricted to invest in the development of tracts of land (limited to equity or contractual joint venture). It is restricted to invest in the construction and operation of high-class hotels, high-class office buildings, international exhibition centers, and large-scale wholesale markets of agricultural products. It is prohibited to invest in the construction and operation of villas. |
K703 Real estate intermediary services |
It is restricted to invest in real estate secondary market transactions and real estate intermediary or brokerage companies. |
||
Leasing and Commercial Service Industries |
L71 Leasing |
L712 Leasing of cultural products and daily commodities |
Except that a Hong Kong or Macao service provider can contribute no more than 65% of the investment in retail chain lease operations of books, newspapers and periodicals, if the investor of any other country or region invests in the retail chain lease operation of books, newspapers and periodicals and the number of chain stores is more than 30, it is not allowed to be a controlling shareholder. Except that Hong Kong and Macao service providers can provide the lease of sound and video recordings (including post movie products) in a wholly owned or equity or contractual joint venture form, the investors of any other country or region are restricted to invest in the lease of sound and video recordings (excluding movies) (limited to contractual joint venture). |
L72 Commercial services |
L721 Enterprise management services |
For investment to set up an investment company, the following conditions shall be met: (I) 1. One year before the application of the foreign investor, the investor’s total assets shall be not less than USD 400 million, and it will have established an investment enterprise in China of which the paid-in registered capital is more than USD 10 million; or 2. the foreign investor has established more than 10 investment enterprises in China, of which the paid-in registered capital is more than USD 30 million; (II) the registered capital of the investment company is not less than USD 30 million; (III) the foreign investor shall be a foreign company, enterprise or economic organization, and if there are two or more foreign investors, at least one foreign investor holding a majority of shares shall meet the requirements under (I). |
|
L722 Legal services |
It is restricted to invest in legal consulting. Foreign law firms can only provide legal services by means of establishing a representative office. |
||
L723 Consulting and investigation |
For investment in accounting firms, partnership form is required. It is restricted to invest in market investigations (limited to equity or contractual joint venture). It is prohibited to invest in social surveys. |
||
L726 Human resource services |
Except that Hong Kong and Macao service providers are allowed to establish wholly-owned employment agencies, the investor of any other country or region can only establish a Sino-Foreign equity joint employment agency, and the investment proportion shall not exceed 70%. The registered capital of the employment agency shall not be less than USD 125,000, and the foreign investor shall be a foreign company, enterprise or other economic organization engaged in such employment agency services for more than 3 years. |
||
L727 Travel agency and relevant services |
Investment in travel agencies providing outbound tourism services is limited to equity joint venture (prohibited to provide Taiwan tourism services). |
||
L728 Security services |
The proportion of foreign investment in any security service company providing armed guard escort services shall not exceed 49%. |
||
L729 Other commercial services |
It is restricted to invest in rating service companies. |
||
Scientific Research and Technical Service Industries |
M73 Research and test development |
M731 Natural scientific research and test development |
It is prohibited to invest in the development and application of human stem cell technologies. |
M734 Medical research and test development |
It is prohibited to invest in the development and application of genetic diagnosis and treatment technologies. |
||
M74 Professional technical services |
M744 Surveying and mapping services |
It is restricted to invest in surveying and mapping companies (Chinese parties as controlling shareholders). It is prohibited to invest in geodetic surveying, marine charting, aerial photography for surveying and mapping purposes, administrative boundary surveying and mapping, topographic map compilations and general map compilations, and compilations of electronic maps for navigation purposes. |
|
M745 Technical services for quality inspection |
It is restricted to invest in import and export certification companies. The foreign investor investing in a certification institution shall obtain the approval of the accreditation institution of the country or region where it is located and have more than 3 years’ experience in certification activities. |
||
M747 Geological survey |
Equity or contractual joint venture is required for investment in the exploration of coal-bed gas, the risk evaluation of petroleum and gas, the exploration of oil shale, oil sand, heavy crude oil, extra-heavy crude oil and other unconventional oil resources, and the exploration of shale gas, seabed gas hydrate and other unconventional gas resources. It is restricted to invest in the exploration of precious metals (gold, silver and platinum group) and diamonds, high-aluminum fireclay, wollastonite, graphite, and other important nonmetallic minerals. It is restricted to invest in the exploration of barites (limited to equity or contractual joint venture). It is restricted to invest in the exploration of special and rare kinds of coal (Chinese parties as controlling shareholders). It is prohibited to invest in the exploration of tungsten, molybdenum, tin, stibonium, fluorite, rare earth and radioactive minerals. |
||
M749 Other professional technical services |
It is restricted to invest in photographic services (including aerial photography and other technical photographic services) (limited to equity joint venture) |
||
Water Conservancy, Environmental, and Public Facility Management Industries |
N76 Water conservancy |
N762 Water resource management, N763 Natural water collection and distribution |
Chinese parties shall be controlling shareholders for investment in the construction and operation of comprehensive water control projects. |
N77 Ecological protection and environmental management |
N771 Ecological protection |
It is prohibited to invest in the construction and operation of natural reserves and internationally important wetlands. It is prohibited to invest in the development of wild animal and plant resources originated in and protected by China. |
|
Education |
P82 Education |
P821 Preschool education, P822 Primary education, P823 Secondary education, P824 Higher education, P825 Special education, P829 Vocational training, education assistance and other educational activates |
Investment in operating educational training institutions and vocational training institutions is limited to contractual joint venture. Investment in non-profit preschool education, secondary vocational education, high school education, higher education and other educational institutions as well as non-operating educational training institutions and vocational training institutions is limited to contractual joint venture, and it is not allowed to set up branches. It is prohibited to invest in compulsory education institutions and military, police, politics, religion, Party school and other education institutions in special fields; It is prohibited to invest in for-profit preschool education, secondary vocational education, high school education, higher education and other educational institutions. |
Health and Social Services |
Q83 Health |
Q831 Hospital, Q832 Community healthcare and health center, Q833 Out-patient department (clinic), Q835 Maternity and infant hospital (center, station), Q839 Other healthcare services |
For investment in a medical institution, the total investment shall not be less than RMB 20 million, it is not allowed to set up branches, and the operating period shall not exceed 20 years. |
Cultural, Sports and Entertainment Industries |
R85 News and publishing |
R851 News, R852 Publishing |
It is prohibited to invest in news agencies. It is prohibited to invest in the publishing of books, newspapers, and periodicals. It is prohibited to invest in the publishing and production of sound and video recordings and electronic publications. |
R86 Radio, television, movie, and video recording and production |
R861 Radio, R862 Television, R863 Movie and television program production, R864 Movie and television program distribution, R865 Movie show, R866 Sound recording and production |
It is restricted to invest in the construction and operation of movie theaters (Chinese parties as controlling shareholders). It is restricted to invest in the production of radio and television programs and movies (limited to contractual joint venture). It is prohibited to invest in radio and television program production and operation companies, movie production companies, distribution companies, and theater companies. |
|
R87 Arts and Cultural Industries |
R871 Artistic creation and performance, R872 Art performance venues, R873 Libraries and archives, R874 Cultural relics and non-material cultural heritage protection, R875 Museums, R876 Martyrs cemeteries and memorials, R877 Mass cultural activities, R879 Other arts and cultural activities |
Investment in arts and cultural industries shall comply with relevant regulations. |
|
R88 Sports |
R882 Sports venues |
It is prohibited to invest in the construction and operation of golf courses. |
|
R89 Entertainment |
R891 Indoor entertainment activities |
It is prohibited to invest in operating places for Internet access services (cybercafés) |
|
R892 Amusement parks |
It is restricted to invest in the construction and operation of large theme parks. |
||
R893 Lottery industry |
It is prohibited to invest in the gambling and lottery industry (including horse race tracks for gambling purposes). |
||
R899 Other entertainment industries |
It is prohibited to invest in the pornography industry. |
Provided by Lawyers Working Committee of Pudong New Area.