？？ The Special Administrative Measures for Foreign Investment Access (Negative List) (2020 Edition), which has been approved by the Party Central Committee and the State Council, is hereby promulgated and will come into force as of July 23, 2020. The Special Administrative Measures for Foreign Investment Access (Negative List) (2019 Edition) issued by the National Development and Reform Commission and the Ministry of Commerce on June 30, 2019 shall be repealed at the same time.
Director of the National Development and Reform Commission: He Lifeng
Minister of Commerce: Zhong Mountain
June 23, 2020
Special Administrative Measures for Foreign Investment Access
(Negative list)（ 2020 Edition)
say bright
1、 The Special Administrative Measures for Foreign Investment Access (Negative List) (hereinafter referred to as the Negative List for Foreign Investment Access) uniformly lists the special management measures for foreign investment access such as equity requirements and senior management requirements. Areas beyond the Negative List of Foreign Investment Access shall be managed in accordance with the principle of consistency between domestic and foreign investment.
2、 The Negative List of Foreign Investment Access lists the transition period for canceling or relaxing the access restrictions in some areas, and after the transition period expires, the access restrictions will be cancelled or relaxed on time.
3、 Foreign investors shall not engage in investment and business activities as self-employed businesses, sole proprietorship investors, or members of farmers' professional cooperatives.
4、 In the process of performing their duties in accordance with the law, the relevant competent authorities will not handle the licensing, enterprise registration and other related matters for the foreign investors who plan to invest in the areas in the Negative List of Foreign Investment Access, but do not meet the provisions of the Negative List of Foreign Investment Access; Where the approval of fixed asset investment projects is involved, the relevant approval matters shall not be handled. Foreign funded partnership enterprises shall not be established in areas where investment has equity requirements.
5、 After being examined by the relevant competent department of the State Council and submitted to the State Council for approval, specific foreign investment may not be subject to the provisions in the relevant fields of the Negative List of Foreign Investment Access.
6、 Domestic companies, enterprises or natural persons that merge and acquire domestic companies that are related to them with companies legally established or controlled overseas shall be handled in accordance with relevant regulations on foreign investment, overseas investment, foreign exchange management, etc.
7、 Relevant measures in cultural, financial and other fields, administrative approval, qualification conditions, national security and other areas not listed in the Negative List of Foreign Investment Access shall be implemented in accordance with the current regulations.
8、 The Mainland and Hong Kong Closer Economic and Trade Relationship Arrangement and its subsequent agreements, the Mainland and Macao Closer Economic and Trade Relationship Arrangement and its subsequent agreements, the Cross Strait Economic Cooperation Framework Agreement and its subsequent agreements, and the international treaties and agreements concluded or acceded to by China have more preferential provisions for the access treatment of foreign investors, It can be implemented according to relevant regulations. If more preferential opening measures are implemented for qualified investors in special economic zones such as free trade pilot zones, the relevant provisions shall apply.
9、 The National Development and Reform Commission, the Ministry of Commerce and relevant departments are responsible for the interpretation of the Negative List of Foreign Investment Access.
