On the registration of mobile phone companies, are there any industry restrictions for foreign investors to set up enterprises in China?

The General Office of the State Council issued the Special Administrative Measures for Foreign Investment Access in the Pilot Free Trade Zone (Negative List), and the "Negative List" was shortened again! The new list lists 122 special management measures, including 85 restrictive measures and 37 prohibitive measures. According to statistics, the negative list in version 20 15 is reduced by 17 compared with version 20 14, and the new negative list is uniformly applicable to the four pilot free trade zones of Shanghai, Guangdong, Tianjin and Fujian.

Special Management Measures for Foreign Investment Access in Pilot Free Trade Zone (Negative List)

I agriculture, forestry, animal husbandry and fishery

( 1)

Seed Industry

1. It is forbidden to invest in the research and development, breeding, planting and production of related propagation materials of rare and unique precious varieties (including excellent genes in planting, animal husbandry and aquaculture) in China.

2. It is forbidden to invest in the breeding of genetically modified varieties of crops, livestock and poultry and aquatic seedlings and the production of genetically modified seeds (seedlings).

3. The cultivation of new crop varieties and seed production are restricted and must be controlled by China.

4. Without approval, it is forbidden to collect crop germplasm resources.

(2)

Fishery fishing

5. Fishing activities in the waters under the jurisdiction of China must be approved by the China Municipal Government.

6. It is not allowed to apply for the introduction of fishing nets and tools for fishing boats operating in waters under jurisdiction by means of cooperation or joint venture.

Second, the mining industry.

(3)

Exclusive Economic Zone and Exploration and Development of Continental Shelf

7. The exploration and development of natural resources in China's exclusive economic zone and continental shelf or drilling for any purpose in China's continental shelf must be approved by the Government of China.

(4)

Oil and gas exploitation

8. Exploration and development of oil and natural gas (including unconventional oil and gas such as oil shale, oil sands, shale gas and coalbed methane) is limited to joint ventures and cooperation.

(5)

Mining and mineral processing of rare earth and rare minerals

9. It is forbidden to invest in rare earth exploration, mining and mineral processing; Without permission, it is forbidden to enter rare earth mining areas or obtain mine geological data, ore samples and production technology.

10. It is forbidden to invest in the exploration and exploitation of tungsten, molybdenum, tin, antimony and fluorite.

1 1. It is forbidden to invest in the exploration, mining and beneficiation of radioactive minerals.

(6)

Mining and mineral processing of metallic and nonmetallic minerals

12. The exploration and mining of precious metals (gold, silver and platinum group) are restricted.

13. The mining and beneficiation of lithium ore are restricted.

14. graphite exploration and mining are restricted.

Third, manufacturing.

(7)

Aviation manufacturing industry

15. The design, manufacture and maintenance of trunk and regional aircraft, civil helicopters of 3 tons and above, ground and water-efficient aircraft, unmanned aerial vehicles and aerostats are controlled by the Chinese side.

16. The design, manufacture and maintenance of general-purpose aircraft are limited to joint ventures and cooperation.

(8)

build a ship

17. The manufacture of marine low-speed diesel engines and crankshafts should be controlled by the Chinese side.

18. The manufacture and repair of offshore engineering equipment (including modules) shall be controlled by the Chinese side.

19. The repair, design and manufacture of ships (including sections) are restricted and must be controlled by the Chinese side.

(9)

automobile making

20. The manufacturing of complete vehicles and special purpose vehicles is restricted, and the proportion of Chinese shares is not less than 50%; The same foreign investor can establish two or less joint ventures in China to produce the same vehicle products (passenger cars and commercial vehicles). If it is merged with a Chinese joint venture partner, it will not be restricted by the two joint ventures.

2 1. The products produced by newly-built pure electric passenger car manufacturers must use their own brands, have independent intellectual property rights, and have authorized relevant invention patents.

( 10)

Rail transit equipment manufacturing

22. Rail transit equipment manufacturing is limited to joint ventures and cooperation (except research, design and manufacture of passenger service facilities and equipment supporting high-speed railways, passenger dedicated lines and intercity railways, research, design and manufacture of road and bridge equipment related to high-speed railways, passenger dedicated lines and intercity railways, manufacturing of electrified railway equipment and equipment, and manufacturing of railway passenger car sewage equipment).

23. The localization rate of urban rail transit project equipment must reach 70% or above.

( 1 1)

Communication equipment manufacturing

24. The design and manufacture of civil satellites and the manufacture of their payloads are controlled by the Chinese side.

25 restrictions on the production of satellite television broadcasting ground receiving facilities and key parts.

( 12)

Mineral smelting and rolling

26 restrictions on the smelting of rare metals such as tungsten, molybdenum, tin (except tin compounds) and antimony (including antimony oxide and antimony sulfide).

27. The smelting and separation of rare earths are restricted to joint ventures and cooperation.

28. Investment in the smelting and processing of radioactive minerals is prohibited.

( 13)

Pharmaceutical manufacturing

29. It is forbidden to invest in processing Chinese herbal medicines listed in the Regulations on the Protection and Management of Wild Medicinal Resources and the List of Rare and Endangered Protected Plants in China.

30. It is forbidden to invest in the application of processing technologies such as steaming, frying and baking Chinese herbal pieces and the production of confidential formula products of Chinese patent medicines.

( 14)

Other manufacturing industries

3 1. It is forbidden to invest in traditional ethnic handicrafts such as ivory carving, tiger bone processing, rice paper and Mo Ding production.

Four, electricity, heat, gas and water production and supply industry

( 15)

atomic energy

32. The construction and operation of nuclear power plants should be controlled by the Chinese side.

33. The production, operation, import and export of nuclear fuel, nuclear materials, uranium products and related nuclear technologies are monopolized by qualified central enterprises.

34. Only state-owned or state-controlled enterprises can engage in radioactive solid waste disposal activities.

( 16)

Pipe network facilities

35. The construction and operation of urban gas, heat, water supply and drainage networks with a population of more than 500,000 are restricted and must be controlled by the Chinese side.

36. The construction and operation of the power grid is controlled by the Chinese side.

Verb (abbreviation for verb) wholesale and retail trade

(XVII)

Franchise right and franchise right

37. Implement a tobacco monopoly system. The production, sales, import and export of tobacco monopoly products (cigarettes, cigars, cut tobacco, redried tobacco leaves, tobacco leaves, cigarette paper, filter rods, cigarette tow and special machinery for tobacco) shall be subject to monopoly management, and a tobacco monopoly license system shall be implemented. It is forbidden to invest in the wholesale and retail of tobacco products such as tobacco leaves, cigarettes and redried tobacco leaves.

38. The central grain reserves (oil) shall be franchised. China Grain Reserve Management Corporation is specifically responsible for the acquisition, storage, operation and management of central grain reserves (including central reserve oil).

39. The sales of duty-free commodities shall be franchised and centrally managed.

40. Franchise the issuance and sale of lottery tickets, and prohibit the issuance and sale of overseas lottery tickets in People's Republic of China (PRC).

Six, transportation, warehousing and postal services

( 18)

motor transport

4 1. Road passenger transport companies are restricted.

(XIX)

railway transportation

42. The construction and operation of the railway trunk road network is controlled by the Chinese side.

43. Railway passenger transport companies are restricted and must be controlled by the Chinese side.

(20)

transport by water

44. Waterway transport companies (except international shipping companies established in the Shanghai Pilot Free Trade Zone) are restricted and must be controlled by the Chinese side, and may not engage in the following businesses: (1) China's domestic waterway transport business, including renting China ships or shipping spaces to operate waterway transport business in disguise; (2) Domestic ship management, waterway passenger transport agency and waterway cargo transport agency business.

45. The ratio of foreign shares shall not exceed 565,438+0%.

46. Ocean shipping tally is limited to joint ventures and cooperation.

47 waterway transport operators shall not use foreign ships to operate domestic waterway transport business, except under special circumstances with the permission of China Municipal Government.

48. Maritime transport and towing between ports in China are operated by ships flying National Flag of the People's Republic of China. Foreign ships engaged in maritime transport and towing between China ports must be approved by the China Municipal Government.

(2 1)

Public air transport

49 * * * Air transport enterprises must be controlled by the Chinese side, and the investment proportion of individual foreign investors (including their affiliated enterprises) shall not exceed 25%.

50. The chairman and legal representative of a public air transport enterprise shall be a citizen of China.

5 1. Foreign aircraft operators shall not engage in transportation between two points in China.

52. Only carriers designated by China can operate the bilateral air transport market stipulated in the bilateral transport agreements signed between China and other contracting parties.

(22)

Special aviation

53. Joint ventures are allowed to invest in general aviation enterprises specializing in agriculture, forestry and fishery operations, and other general aviation enterprises must be controlled by the Chinese side.

54. The legal representative of a general aviation enterprise shall be a citizen of China.

55. Foreign aircraft or foreigners are prohibited from engaging in general aviation flight in important professional fields such as aerial photography, remote sensing mapping and mineral resources exploration.

(23)

Civil airports and air traffic control

56. It is forbidden to invest in the operation of air traffic control systems.

57. The construction and operation of civil airports must be controlled by the Chinese side.

(24)

postal services

58. It is forbidden to invest in postal enterprises and operate postal services.

59. It is forbidden to engage in domestic express delivery of letters.

Seven, information transmission, software and information technology services

(25)

Telecommunication transmission service

60. Telecom companies belong to the restricted category, which is limited to the telecom services that China promised to open after its accession to the WTO. Among them, the proportion of foreign investment in value-added telecommunications services (except e-commerce) shall not exceed 50%, and the operators of basic telecommunications services shall be legally established companies specializing in basic telecommunications services, and the company China owns shares or shares of not less than 565,438+0%.

(26)

Internet and related services

6 1. It is forbidden to invest in Internet news services, online publishing services, online audio-visual program services, online cultural management (except music), Internet service business premises, and Internet public information publishing services (except for the contents that have been opened in China's WTO commitments).

62. It is forbidden to engage in the compilation and publication of Internet maps (except the contents that have been opened in China's WTO commitments).

63. Internet news information service units shall report to the China Municipal Government for safety assessment if the cooperation with foreign investors involves Internet news information services.

Eight, the financial industry

(27)

Type requirements of bank shareholders' institutions

64. Foreign investors investing in banking financial institutions should be financial institutions or specific types of institutions. Specific requirements:

(1) The shareholders of a wholly foreign-owned bank and a foreign shareholder of a Sino-foreign joint venture bank shall be financial institutions, and the sole or controlling/major shareholder of the foreign bank shall be a commercial bank;

(2) Financial institutions should invest in Chinese-funded commercial banks and trust companies;

(3) Foreign banks should invest in rural commercial banks, rural cooperative banks, rural credit cooperatives and rural banks;

(4) Financial institutions or financial leasing companies should invest in financial leasing companies;

(5) The main investors of consumer finance companies shall be financial institutions;

(6) Money brokerage companies should invest in it;

(seven) financial institutions should invest in financial asset management companies, and shall not participate in the establishment of financial asset management companies;

(8) Financial institutions are unclear in laws and regulations.

(28)

Bank qualification requirements

65. Foreign investors investing in banking financial institutions must meet certain total assets requirements, including:

(1) The sole or controlling/major shareholder of a foreign-funded corporate bank and the parent bank of a branch of a foreign bank;

(2) Overseas investors of Chinese-funded commercial banks, rural commercial banks, rural cooperative banks, rural credit cooperatives, rural banks, trust companies, financial leasing companies, loan companies and financial asset management companies;

(3) Overseas investors of other banking financial institutions that are not explicitly applicable by laws and regulations.

66. Foreign investors investing in money brokerage companies must meet certain conditions such as relevant business years, global institutional network and information and communication network.

(XXIX)

Bank stock ratio requirements

67. Foreign participation in Chinese-funded commercial banks, rural commercial banks, rural cooperative banks, rural credit cooperatives, financial asset management companies and other banking financial institutions is limited by the single shareholder and the total shareholding ratio.

(30)

Foreign banks

68. In addition to meeting the type and qualification requirements of shareholder institutions, foreign banks are also subject to the following conditions:

(1) Branches of foreign banks are not allowed to engage in the business of "issuing, paying and underwriting government bonds", "receiving and paying money" and "engaging in bank card business" permitted by the Law of People's Republic of China (PRC) Commercial Bank, and are not allowed to engage in RMB business for citizens in China, except that they can absorb time deposits of not less than RMB 6,543,800 yuan for citizens in China.

(2) The branch of a foreign bank shall allocate the working capital free of charge by the head office, and part of the working capital shall exist in a specific form and meet the corresponding management requirements;

(3) branches of foreign banks must meet the requirement of RMB working capital adequacy ratio of 8%;

(4) Foreign banks that are allowed to operate RMB business must meet the minimum opening time requirements.

(3 1)

Futures company

69. Futures companies are restricted and must be controlled by the Chinese side.

(32)

securities company

70. Restrict the proportion of foreign investment in securities companies to no more than 49%.

7 1. The shareholding ratio of a single foreign investor in a listed domestic securities company (including direct holding and indirect holding) shall not exceed 20%; The proportion of all foreign investors holding (including direct holding and indirect control) shares of domestic listed securities companies shall not exceed 25%.

(33)

Securities investment fund management company

72. Restrict securities investment fund management companies, and the proportion of foreign investment shall not exceed 49%.

(34)

Securities and futures trading

73. It is forbidden to become an ordinary member of a stock exchange or a member of a futures exchange.

74. It is not allowed to apply for opening A-share securities accounts and futures accounts.

(35)

Establishment of insurance institutions

75. Insurance companies shall be restricted (the proportion of foreign-invested life insurance companies shall not exceed 50%), and domestic insurance companies shall hold no less than 75% of the shares of insurance asset management companies.

76. Foreign-funded insurance companies applying for the establishment of foreign-funded insurance companies, as well as overseas financial institutions that invest in insurance companies (except those that purchase shares of listed insurance companies through stock exchanges), must meet the operating years and total assets stipulated by China's insurance regulatory authorities.

(36)

insurance business

77. Without the approval of China's insurance regulatory authorities, a foreign-funded insurance company may not engage in reinsurance ceding or subcontracting business with its affiliated enterprises.

Nine, leasing and business services

(37)

Accounting audit

78. To be the chief partner of a special general partnership accounting firm (or to perform other positions with the highest management responsibilities), one must have China nationality.

(38)

Legal services

79. Foreign law firms can only enter China in the form of representative offices, and the establishment and stationing of representative offices in China must be approved by the judicial administrative department of China.

80. It is forbidden to engage in legal affairs in China and become a partner of domestic law firms.

8 1. The representative offices of foreign law firms in China shall not employ lawyers practicing in China, and the auxiliary staff employed shall not provide legal services to the parties.

(39)

statistical survey

82. The accreditation system for foreign-related investigation institutions and the examination and approval system for foreign-related social investigation projects shall be implemented.

83. Investment in social surveys is prohibited.

84. Market research is restricted to joint ventures and cooperation, in which radio and television listening and viewing surveys must be controlled by the Chinese side.

85. Classified services are limited.

(forty)

Other business services

86. The legal representative of an intermediary agency for private entry and exit must be a China citizen with permanent residency in China and full capacity for civil conduct.

X. Scientific research and technical services

(4 1)

Professional technical service

87. It is forbidden to invest in the compilation of geodesy, marine surveying and mapping, surveying and mapping aerial photography, surveying and mapping administrative boundaries, topographic maps, world administrative maps, national administrative maps, provincial and below administrative maps, national teaching maps, local teaching maps and true three-dimensional maps, the compilation of navigation electronic maps, and regional geological mapping, mineral geology, geophysics, geochemistry, hydrogeology, environmental geology, geological disasters and remote sensing geology.

88. Surveying and mapping companies are restricted and must be controlled by the Chinese side.

89. It is forbidden to invest in the development and application of human stem cells and gene diagnosis and treatment technologies.

90. It is forbidden to establish and run research institutions in the humanities and social sciences.

Eleven, water conservancy, environment and public facilities management industry

(42)

Animal and plant resources protection

9 1. It is forbidden to invest in the development of wildlife resources that are protected by the state and originated in China.

92. It is forbidden to collect and purchase wild plants under special state protection.

Twelve. education

(43)

education

93. Foreign educational institutions, other organizations or individuals may not independently set up schools and other educational institutions with China citizens as the main enrollment targets (excluding non-academic vocational skills training).

94. Foreign educational institutions may cooperate with educational institutions in China to set up educational institutions with China citizens as the main enrollment targets, and Chinese-foreign cooperatively-run schools may cooperate to set up educational institutions of all levels and types, but:

(1) Educational institutions that implement compulsory education and special fields such as military, police, politics and party schools shall not be established;

(2) Foreign religious organizations, religious colleges and religious personnel shall not engage in cooperative education activities in China, and Chinese-foreign cooperatively-run schools shall not carry out religious education and religious activities;

(3) Ordinary high school education institutions, institutions of higher learning and pre-school education are restricted and must be led by the Chinese side (the principal or principal administrative officer should have China nationality and settle in China; The number of Chinese members of the board of directors, council or joint management committee shall not be less than1/2; Education and teaching activities and course materials must comply with relevant laws, regulations and provisions of our country).

Thirteen. Health and social work

(44)

medical treatment

95. Medical institutions are limited to joint ventures and cooperation.

Fourteen Culture, sports and entertainment industry

(45)

Broadcasting, transmission, production and operation of radio and television

96. It is forbidden to invest in the establishment and operation of radio stations (stations), television stations (stations), radio and television channels and time slots, radio and television transmission coverage networks (radio and television transmitting stations, relay stations [including differential turntable and receiving turntable], radio and television satellites, satellite receiving transmitting stations, microwave stations, monitoring stations [stations] and cable radio and television transmission coverage networks, etc. ), and it is forbidden to engage in radio and television video on demand.

97. It is forbidden to invest in radio and television program production and operation companies.

98. The landing of overseas satellite channels is subject to the examination and approval system. The introduction of overseas TV dramas and other overseas TV programs through satellite transmission shall be declared by the units designated by the State Administration of Press, Publication, Radio, Film and Television.

99. Chinese-foreign cooperative production of TV dramas (including TV cartoons) is subject to a licensing system.

(46)

Press and publication, radio, film and television, financial information

100. It is forbidden to invest in the establishment of news agencies, newspapers and periodicals, publishing houses and news organizations.

10 1. The establishment of permanent news agencies in China and the dispatch of permanent journalists to China by foreign news organizations shall be approved by the China Municipal Government.

102. The services provided by foreign news agencies in China must be approved by the China Municipal Government.

103. It is forbidden to invest in the publication and production of books, newspapers, periodicals, audio-visual products and electronic publications; It is forbidden to operate newspaper pages.

104. Business cooperation between Chinese and foreign news organizations and Sino-foreign cooperative news publishing projects must be led by the Chinese side and approved by the China Municipal Government (with the approval of the China Municipal Government, domestic sci-tech periodicals are allowed to establish copyright cooperation relations with overseas periodicals, and the cooperation period shall not exceed 5 years. If the cooperation period needs to be extended, they must reapply for approval. The Chinese side has the final decision on the content, and foreign personnel shall not participate in the editing and publishing activities of Chinese periodicals).

105. It is forbidden to engage in the import business of cultural products such as movies, radio and television programs, artworks, digital literature databases and their publications (except for those that have been opened in China's WTO commitments).

106. The printing of publications is restricted and must be controlled by the Chinese side.

107. It is forbidden to provide financial information services in China without the approval of the government of China.

108. Overseas media (including foreign and Hong Kong, Macao and Taiwan newspapers, periodical agencies, book publishing houses, audio-visual publishing houses, electronic publication publishing companies and mass media organizations such as radio, film and television) are not allowed to set up agencies or editorial offices in China. If it is really necessary to set up an office, it must be approved.

(47)

Film production, distribution and projection

109. It is forbidden to invest in film production companies, distribution companies and cinema companies.

1 10. The China government implements a licensing system for Chinese-foreign cooperative film production.

1 1 1. The construction and operation of the cinema must be controlled by the Chinese side. Film screening shall conform to the proportion of screening time between domestic films and imported films stipulated by the China Municipal Government. The annual screening time of domestic films by the screening unit shall not be less than two-thirds of the total screening time of films throughout the year.

(48)

Intangible cultural heritage, cultural relics and archaeology

1 12. It is forbidden to invest in auction enterprises and purchase and sale enterprises of cultural relics.

1 13. It is forbidden to invest and operate state-owned cultural relics museums.

1 14. It is forbidden to transfer, mortgage or lease immovable cultural relics and cultural relics prohibited from leaving the country to foreigners.

1 15. It is forbidden to establish and operate an intangible cultural heritage investigation agency.

1 16. Overseas organizations or individuals shall cooperate with China in the investigation, archaeological investigation, exploration and excavation of intangible cultural heritage in China and obtain special approval.

(49)

Cultural entertainment

1 17. It is forbidden to set up cultural performance groups.

1 18. Performance brokerage institutions are restricted and must be controlled by the Chinese side (except those providing services to this province and city).

The construction and operation of large theme parks are restricted.

Fifteen, all industries

(fifty)

All industries

120. Do not engage in business activities as individual industrial and commercial households, investors of sole proprietorship enterprises or members of farmers' professional cooperatives.

12 1. Foreign-invested partnerships may not be established in the prohibited categories in the Catalogue of Industries with Foreign Investment and in projects marked as "limited to joint ventures", "limited to cooperation", "limited to joint ventures", "Chinese holding" and "Chinese relative holding" as well as projects requiring the proportion of foreign investment.

122. The merger and acquisition of domestic enterprises by foreign investors, listed companies strategically invested by foreign investors, and the establishment and change of foreign-invested projects and enterprises with their shares in domestic enterprises shall be handled in accordance with the existing regulations.

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