Special Administrative Measures (Negative List) for Access of Foreign Investments (2021 Edition)
Special Administrative Measures (Negative List) for Access of Foreign Investments (2021 Edition)
Special Administrative Measures (Negative List) for Access of Foreign Investments (2021 Edition)
Order of the National Development and Reform Commission and the Ministry of Commerce of the People's Republic of China No.47
December 27, 2021
Upon approval by the CPC Central Committee and the State Council, the Special Administrative Measures (Negative List) for Access of Foreign Investments (2021 Edition), adopted on September 18, 2021 at the 18th executive meeting of the National Development and Reform Commission and signed by the Ministry of Commerce, are hereby promulgated and shall come into force on January 1, 2022.
Director of the National Development and Reform Commission: He Lifeng
Minister of Commerce: Zhang Wentao
Special Administrative Measures (Negative List) for Access of Foreign Investments (2021 Edition)
Notes:
I. The Special Administrative Measures (Negative List) for Access of Foreign Investments (the "Negative List for Foreign Investment Access") set out in a centralized manner special administrative measures in respect of the access of foreign investments, such as limits on the proportion of foreign investment and the requirements on senior management. Fields not specified in the Negative List for Foreign Investment Access shall be subject to administration under the principle of equal treatment for domestic investments and foreign investments. The relevant provisions of the Negative List for Market Access shall uniformly apply to domestic and foreign investors.
II. Foreign investors are not permitted to engage in investment activities in the capacity of an individually owned business, an investor in a sole proprietorship enterprise, or a member of a specialized farmers' cooperative.
III. Foreign-invested enterprises investing in China should comply with the relevant requirements of the Negative List for Foreign Investment Access.
IV. The relevant authorities, in the course of performing their duties pursuant to the law, shall not process matters such as applications for a permit, enterprise registration or other related matters for a proposed investment by a foreign investor which falls within any field set out in the Negative List for Foreign Investment Access but which does not comply with the requirements thereof; and where approval for a fixed asset investment project is involved, shall not process the related approval matters. No foreign-invested partnership business may be established in any investment field subject to limits on the proportion of foreign investment.
V. Subject to review by the competent authorities of the State Council and approval by the State Council, a specific foreign investment may be exempted from the provisions of the Negative List for Foreign Investment Access regarding a relevant field.
VI. A domestic enterprise engaged in activities in any field prohibited from foreign investment under the Negative List for Foreign Investment Access shall be subject to review and approval by the relevant authorities of the State for listing and trading overseas, and any overseas investor in the enterprise shall not participate in the operation and management of the enterprise, and the equity ratio of overseas investors in the enterprise shall be governed mutatis mutandis by the relevant regulations on the management of domestic securities investments made by overseas investors.
VII.
......
Order of the National Development and Reform Commission and the Ministry of Commerce of the People's Republic of China No.47
December 27, 2021
Upon approval by the CPC Central Committee and the State Council, the Special Administrative Measures (Negative List) for Access of Foreign Investments (2021 Edition), adopted on September 18, 2021 at the 18th executive meeting of the National Development and Reform Commission and signed by the Ministry of Commerce, are hereby promulgated and shall come into force on January 1, 2022.
Director of the National Development and Reform Commission: He Lifeng
Minister of Commerce: Zhang Wentao
Special Administrative Measures (Negative List) for Access of Foreign Investments (2021 Edition)
Notes:
I. The Special Administrative Measures (Negative List) for Access of Foreign Investments (the "Negative List for Foreign Investment Access") set out in a centralized manner special administrative measures in respect of the access of foreign investments, such as limits on the proportion of foreign investment and the requirements on senior management. Fields not specified in the Negative List for Foreign Investment Access shall be subject to administration under the principle of equal treatment for domestic investments and foreign investments. The relevant provisions of the Negative List for Market Access shall uniformly apply to domestic and foreign investors.
II. Foreign investors are not permitted to engage in investment activities in the capacity of an individually owned business, an investor in a sole proprietorship enterprise, or a member of a specialized farmers' cooperative.
III. Foreign-invested enterprises investing in China should comply with the relevant requirements of the Negative List for Foreign Investment Access.
IV. The relevant authorities, in the course of performing their duties pursuant to the law, shall not process matters such as applications for a permit, enterprise registration or other related matters for a proposed investment by a foreign investor which falls within any field set out in the Negative List for Foreign Investment Access but which does not comply with the requirements thereof; and where approval for a fixed asset investment project is involved, shall not process the related approval matters. No foreign-invested partnership business may be established in any investment field subject to limits on the proportion of foreign investment.
V. Subject to review by the competent authorities of the State Council and approval by the State Council, a specific foreign investment may be exempted from the provisions of the Negative List for Foreign Investment Access regarding a relevant field.
VI. A domestic enterprise engaged in activities in any field prohibited from foreign investment under the Negative List for Foreign Investment Access shall be subject to review and approval by the relevant authorities of the State for listing and trading overseas, and any overseas investor in the enterprise shall not participate in the operation and management of the enterprise, and the equity ratio of overseas investors in the enterprise shall be governed mutatis mutandis by the relevant regulations on the management of domestic securities investments made by overseas investors.
VII.
......