State Council, Opinions on Implementing a Negative List System for Market Access

国务院关于实行市场准入负面清单制度的意见

November 06, 2015 | BY

Susan Mok

China implements a negative list for investment access in trial regions.

Clp Reference: 2100/15.10.02

Issued: October 2 2015

Applicability: The negative lists mainly include the market access negative list and the foreign investment negative list. Where a bilateral or multilateral agreement (convention) to which China is a party provides otherwise, matters shall be handled in accordance with the relevant agreement (convention) (Article 8).

Main contents: The negative list system for market access will be implemented on a trial basis in certain regions between December 1 2015 and December 31 2017, and a nationally uniform negative list system for market access will be implemented formally from 2018 (Article 11).

The market access negative list shall apply to investment and operating such acts as initial investments, expansions of investment and acquisition investments carried out by various market entities of their own free will as well as other market entry acts (Article 6).

With respect to the investment and operating acts as well as other market entry acts of market entities that involve the sectors set forth below, control measures such as prohibition of entry or restriction of the market entity's qualifications, equity percentages, scope of business, pattern of operations, business model, spatial distribution, and land spatial development and protection may be taken in accordance with relevant provisions of laws, administrative regulations and State Council decisions: industries, sectors and businesses relating to national security, such as those involving the security of people's lives and property, political security, land security, military security, economic security, financial security, cultural security, public security, scientific and technological security, information security, ecological security, resource security, nuclear security and emerging sector security; industries, sectors and businesses impacting the entire nation's major productivity distribution, strategic resource development and major public interests; industries, sectors and businesses in respect of which administrative permissions may be required in accordance with the law and that involve the investment and operating acts of market entities; and other circumstances as specified in laws, administrative regulations and State Council decisions (Article 7).

clp reference:2100/15.10.02

This premium content is reserved for
China Law & Practice Subscribers.

  • A database of over 3,000 essential documents including key PRC legislation translated into English
  • A choice of newsletters to alert you to changes affecting your business including sector specific updates
  • Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
For enterprise-wide or corporate enquiries, please contact our experienced Sales Professionals at +44 (0)203 868 7546 or [email protected]