Notes

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

II. The Negative List for the Access of Foreign Investment includes the transitional periods for access restrictions to be canceled or relaxed in certain fields, upon the expiry of which such restrictions shall be canceled or relaxed as scheduled.

III. An overseas investor may not engage in investment or operation as an individual industrial and commercial household, proprietorship investor, or member of a specialized farmers' cooperative.

IV. In their performance of duties in accordance with the law, the appropriate departments shall not handle the licensing, enterprise registration, and other relevant matters for foreign investors intending to invest in the fields on the Negative List for the Access of Foreign Investment but failing to comply with the provisions of the Negative List for the Access of Foreign Investment; and if the confirmation of a fixed asset investment project is involved, the appropriate departments shall not handle relevant confirmation matters. If a foreign investor is to invest in a field with ownership requirements, it may not establish a foreign-funded partnership.

V. After being examined by appropriate departments under the State Council and reported to the State Council for approval, the provisions on related fields in the Negative List of Foreign Investment Access may not apply to specific foreign investment.

VI. Domestic company, enterprise or natural person merges or acquires affiliated domestic company with its legally established or controlled overseas company, in accordance with the relevant provisions on foreign investment, overseas investment, foreign exchange management and etc.

VII. Measures relating to administrative approval, qualifications, and national security, among others, in culture, finance, and other fields shall, if not on the Negative List for the Access of Foreign Investment, be governed by the provisions currently in force.

VIII. 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, and international treaties concluded or acceded to by China shall apply, if they provide any more favorable treatment in respect of access of overseas investors. If a pilot free trade zone or any other special economic zone provides any more favorable opening measures for qualified investors, the relevant provisions shall apply.

IX. The Negative List for the Access of Foreign Investment shall be subject to interpretation by the National Development and Reform Commission and the Ministry of Commerce in conjunction with relevant departments.

(All  information in this document is authentic in Chinese. English is provided for reference only. In case of any discrepancy, the Chinese  version shall prevail.)