Special Administrative Measures (Negative List) for Foreign Investment Access (2024 Edition)
Special Administrative Measures (Negative List) for Foreign Investment Access (2024 Edition)
Special Administrative Measures (Negative List) for Foreign Investment Access (2024 Edition)
Order of the National Development and Reform Commission and the Ministry of Commerce of the People's Republic of China No.23
September 6, 2024
Upon approval by the CPC Central Committee and the State Council, the Special Administrative Measures (Negative List) for Foreign Investment Access (2024 Edition), adopted at the 10th executive meeting of the National Development and Reform Commission on April 8, 2024 and reviewed and signed off by the Ministry of Commerce, are hereby issued and shall take effect on November 1, 2024.
Zheng Shanjie, Director of the National Development and Reform Commission
Wang Wentao, Minister of Commerce
Special Administrative Measures (Negative List) for Foreign Investment Access (2024 Edition)
Notes
I. The Special Administrative Measures (Negative List) for Foreign Investment Access (the "Negative List for Foreign Investment Access") set out, in a centralized manner, special administrative measures regarding foreign investment access, including restrictions on foreign investment ratios and requirements on senior management. Fields not covered by the Negative List for Foreign Investment Access shall be subject to administration under the principle of equal treatment for domestic and foreign investments. Relevant provisions of the Negative List for Market Access shall apply uniformly to both domestic and foreign investors.
II. Foreign investors are not permitted to engage in investment activities as individually owned businesses, investors in sole proprietorship enterprises, or members of specialized farmers' cooperatives.
III. Foreign-invested enterprises investing in China shall comply with relevant requirements outlined in the Negative List for Foreign Investment Access.
IV. Relevant authorities, in the course of performing their duties in accordance with the law, shall deny applications for permits, enterprise registration or other related matters for proposed investments by foreign investors in any field specified in the Negative List for Foreign Investment Access if they do not comply with its requirements, and where approval for a fixed asset investment project, shall deny the related approval matters. No foreign-invested partnership business may be established in any investment fields subject to restrictions on foreign investment ratios.
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 concerning a relevant field.
VI. A domestic enterprises engaged in any field of activities prohibited from foreign investment under the Negative List for Foreign Investment Access shall be subject to review and approval by relevant authorities of the State for share listing and trading overseas, and overseas investors in such a enterprises shall not participate in its operation and management, with their equity ratio in the enterprise 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.23
September 6, 2024
Upon approval by the CPC Central Committee and the State Council, the Special Administrative Measures (Negative List) for Foreign Investment Access (2024 Edition), adopted at the 10th executive meeting of the National Development and Reform Commission on April 8, 2024 and reviewed and signed off by the Ministry of Commerce, are hereby issued and shall take effect on November 1, 2024.
Zheng Shanjie, Director of the National Development and Reform Commission
Wang Wentao, Minister of Commerce
Special Administrative Measures (Negative List) for Foreign Investment Access (2024 Edition)
Notes
I. The Special Administrative Measures (Negative List) for Foreign Investment Access (the "Negative List for Foreign Investment Access") set out, in a centralized manner, special administrative measures regarding foreign investment access, including restrictions on foreign investment ratios and requirements on senior management. Fields not covered by the Negative List for Foreign Investment Access shall be subject to administration under the principle of equal treatment for domestic and foreign investments. Relevant provisions of the Negative List for Market Access shall apply uniformly to both domestic and foreign investors.
II. Foreign investors are not permitted to engage in investment activities as individually owned businesses, investors in sole proprietorship enterprises, or members of specialized farmers' cooperatives.
III. Foreign-invested enterprises investing in China shall comply with relevant requirements outlined in the Negative List for Foreign Investment Access.
IV. Relevant authorities, in the course of performing their duties in accordance with the law, shall deny applications for permits, enterprise registration or other related matters for proposed investments by foreign investors in any field specified in the Negative List for Foreign Investment Access if they do not comply with its requirements, and where approval for a fixed asset investment project, shall deny the related approval matters. No foreign-invested partnership business may be established in any investment fields subject to restrictions on foreign investment ratios.
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 concerning a relevant field.
VI. A domestic enterprises engaged in any field of activities prohibited from foreign investment under the Negative List for Foreign Investment Access shall be subject to review and approval by relevant authorities of the State for share listing and trading overseas, and overseas investors in such a enterprises shall not participate in its operation and management, with their equity ratio in the enterprise governed mutatis mutandis by the relevant regulations on the management of domestic securities investments made by overseas investors.
VII.
......