Order of the National Development and Reform Commission of the People's Republic of China and the Ministry of Commerce of the People's Republic of China No.18

The Special Administrative Measures (Negative List) for Foreign Investment Access (2018 Edition) , approved by the Central Committee of the Communist Party of China and the State Council, are hereby promulgated and will enter into force from July 28, 2018. The Special Administrative Measures for Foreign Investment Access (Negative List on foreign investment access) as provided in the Catalogue for the Guidance of Foreign Investment Industries (Revised in 2017) released by the National Development and Reform Commission of the People's Republic of China and the Ministry of Commerce of the People's Republic of China on June 28, 2017, shall be repealed simultaneously and the Catalog of Encouraged Foreign Investment Industries continues to be implemented.

Director of the National Development and Reform Commission: He Lifeng

Minister of Commerce: Zhong Shan

June 28, 2018

Order of the National Development and Reform Commission of the People's Republic of China and the Ministry of Commerce of the People's Republic of China(No. 18)

The Special Administrative Measures (Negative List) for Foreign Investment Access (2018 Edition),  approved by the Central Committee of the Communist Party of China and the State Council, are hereby promulgated and will enter into force from July 28, 2018.  The Special Administrative Measures for Foreign Investment Access (Negative List on foreign investment access) as provided in the Catalogue for Guidance of Foreign Investment Industries ( Revised in 2017) released by the National Development and Reform Commission of the People's Republic of China and the Ministry of Commerce of the People's Republic of China on June 28, 2017, shall be repealed simultaneously and the Catalogue for the Encouraged Industries for Foreign Investment continues to be implemented.

He Lifeng, Director of the National Development and Reform Commission

Zhong Shan, Minister of the Ministry of Commerce

June 28, 2018

Special Administrative Measures (Negative List) for Foreign Investment Access (2018 Edition)

Notes

I . The Special Administrative Measures for  Foreign Investment Access (Negative List) (hereinafter referred to as the "Negative List") uniformly set forth the ownership requirements, requirements for senior executives, and other special administrative measures for the access of foreign investment. Industries not on the Negative List shall be administered under the principle of equal treatment to both domestic and foreign investment.

II . The Negative List includes  transitional periods for access restrictions in certain industries, which are to be canceled or relaxed later on. Upon the expiry of the transitional periods such restrictions shall be canceled or relaxed as scheduled.

III . A foreign investor may not engage in investment or business as sole proprietary, investor of sole proprietorship, or member of a specialized farmers' cooperative.

IV . A foreign investor may not invest in any prohibited industries in the Negative List. A foreign investor should obtain relevant foreign investment permit before investing in any industries not prohibited in the Negative List. No foreign invested partnership enterprise shall be set up to invest in any industries with ownership requirements.

V . Where a domestic company, enterprise or natural person acquires a related domestic company through a foreign company which is legally incorporated or controlled by it/him, current measures shall apply to such transactions in relation to the establishment or alteration of foreign invested projects and enterprises. 

VI . Current measures on administrative approval, qualifications, national security shall apply to culture, finance and other industries not on the Negative List.  

VII . Provisions under the Mainland and Hong Kong Closer Economic Partnership Arrangement and its supplementary agreements, the Mainland and Macao Closer Economic Partnership Arrangement and its supplementary agreements, the Cross-Straits Economic Cooperation Framework Agreement and its supplementary agreements, free trade zone agreements and investment treaties entered into between China and other relevant countries, and international treaties acceded to by China shall prevail where they provide more favorable opening-up measures for qualified investors. Provisions of  pilot free trade zones and other special economic zones shall prevail where they provide more favorable opening-up measures for qualified investors.

VIII . The Negative List shall be interpreted by the National Development and Reform Commission of the People's Republic of China and the Ministry of Commerce of the People's Republic of China in consultation with relevant departments.

The Special Administrative Measures (Negative List) for Foreign Investment Access (2018 Edition)

Related Links:

发展改革委 商务部令2018年第18号 外商投资准入特别管理措施（负面清单）（2018年版）

*The original text is Chinese and has been translated into English for reference only. If there is any inconsistency or ambiguity between the Chinese version and the English version, the Chinese version shall prevail.