- Banking and Finance Laws
- Capital Markets
- Foreign Direct Investment
- Insurance Law
- Law Digest
- Legislation
- Projects Energy and Environment
- Retail Trade and Distribution
- Technology Media and Telecom
- Transportation
National Development and Reform Commission and Ministry of Commerce, Special Administrative Measures for Foreign Investment Access (Negative List) (2018 Edition)
国家发展和改革委员会、商务部外商投资准入特别管理措施 (负面清单) (2018年版)
September 08, 2018 | BY
Susan MokThe national negative list is relaxed
Promulgated: June 28, 2018
Effective: July 28, 2018
Main contents: The 2018 version of the foreign investment Negative List sets forth special administration measures, such as equity requirements and requirements for senior management personnel, removes the statement reading, “if state laws or regulations provide otherwise, such provisions shall be complied with”, and, in accordance with the requirements of comprehensively implementing pre-entry national treatment plus the system of administration by Negative List, specifies that administration in sectors other than those included on the Negative List is to be carried out in accordance with the principle of identical treatment for domestic and foreign investors.
The Negative List abolishes the restriction on the shareholding percentage of foreign investors in the banking industry, increases the shareholding percentage of foreign investors in securities companies, fund management companies, futures companies and life insurance companies to 51%, and from 2021, abolishes all restrictions on the shareholding percentage of foreign investors in the financial sector. In the manufacturing sector, it abolishes the restriction on the shareholding percentage of foreign investors in special purpose vehicles and alternative energy vehicles, from 2020 it abolishes the restriction on the shareholding percentage of foreign investors in commercial vehicles, and from 2022 it abolishes the restriction on the shareholding percentage of foreign investors in passenger vehicles, as well as the restriction that an equity joint venture cannot have more than two foreign investors. It also abolishes restrictions in sectors such as vessel and aircraft design, building/manufacturing, maintenance, repair, etc.
Related legislation: Foreign Investment Industrial Guidance Catalogue (Amended in 2017)
Repealed legislation: The Special Administrative Measures for Foreign Investment Access (Foreign Investment Negative List) embedded in the Foreign Investment Industrial Guidance Catalogue (Amended in 2017)
See full translation
clp reference: 2300/18.06.28 promulgated: 2018-06-28 effective: 2018-06-28This premium content is reserved for
China Law & Practice Subscribers.
A Premium Subscription Provides:
- 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
Already a subscriber? Log In Now