No.

Industry

Special Administrative Measures

A. Agriculture, forestry, animal husbandry and fishery

A01

Seed industry

1. It is prohibited to invest in the research and development, breeding and planting of China's rare and unique precious quality varieties as well as the production of relevant breeding materials (including quality genes of planting, animal husbandry and aquaculture).  
2. It is prohibited to invest in the variety breeding of genetically modified crop seeds, breeding stock and poultry and aquatic fingerlings and the production of genetically modified seeds (seedlings). 
3. The seed selection and breeding of new crop varieties and seed production are subject to restrictions and must be controlled by Chinese party.
4. It is prohibited to collect genetic resources of crops without approval.

A02

Fishing industry

5. The operation of fishing business in the water areas under the jurisdiction of China must be approved by the Chinese government. 
6. The application for quotas for fishing vessel and fishing gear with respect to a fishing vessel brought in by cooperative operation or joint venture and involved in an operation in the water areas under the jurisdiction of China shall not be approved.

B. Mining industry

B03

Exploration and development in the exclusive economic zones and continental shelves

7. Any natural resources exploration and development activity in the exclusive economic zones and continental shelves of China, or any drilling in the China's continental shelves for any purposes must be approved by the Chinese government.

B04

Oil and natural gas mining

8. The exploration and development of oil and natural gas (including oil shale, oil sands, shale gas, coal bed gas and other unconventional oil and gas) are limited to joint venture and cooperative operation.

B05

Rare earth and rare mineral mining and beneficiation

9. It is prohibited to invest in the exploration, mining and beneficiation of rare earth; without permission, it is forbidden to enter the rare earth mine sites or to acquire the geological information on the mines, ore samples and production technologies.

10. It is prohibited to invest in the prospecting and mining of tungsten, molybdenum, tin, antimony and fluorite.

11. It is prohibited to invest in the prospecting, mining and beneficiation of radioactive minerals.

B06

Metal and non-metal ore mining and beneficiation

12. It is restricted to invest in the prospecting and mining of precious metals (gold, silver and platinum family). 
13. It is restricted to invest in the mining and beneficiation of lithium mineral. 
14. It is restricted to invest in the prospecting and mining of graphite.

C. Manufacturing industry

C07

Aeronautical manufacturing

15. Investment in the design, manufacturing and repair of civil main line aircraft and regional aircraft, design and manufacturing of civil helicopter with a capacity of 3T or above, manufacturing of ground-effect and water-effect aircrafts and design and manufacturing of unmanned aerial vehicle and aerostatics must be controlled by Chinese party. 
16. Investment in the design, manufacturing and repair of general-purpose aircraft shall be only limited to joint venture or cooperative operation.

C08

Shipbuilding

17. Investment in the manufacturing of low and medium-speed diesel engine and bent axle of ship shall be controlled by Chinese party. 
18. Investment in the manufacturing and repair of marine engineering equipment (including module) must be controlled by Chinese party. 
19. The investment in the repair, design and manufacturing of ship (including sub-section operation) is restricted and must be controlled by Chinese party.

C09

Automobile manufacturing

20. In terms of restricted investment in the manufacturing of finished automobile car and special-purpose motor vehicle, the shares controlled by Chinese party shall not be less than 50%; one foreign company is allowed to establish up to two (including two) joint venture enterprises engaged in the manufacturing of similar finished automobile cars (passenger car or commercial vehicle) in China. In case of the merger of other domestic automobile manufacturing enterprises with the Chinese joint venture partner, it is free from such restriction. 
21. New all-electric battery passenger vehicle manufacturing enterprises must have their own product brands and proprietary intellectual property rights as well as authorized relevant patents for invention.

C10

Railway transportation equipment manufacturing

22. Investment in the manufacturing of railway transportation equipment is limited only to joint venture or cooperative operation (except for the research, development, design and manufacturing of passenger service facilities and equipment matched with high-speed railway, railway passenger dedicated line and inter-urban railway; research, development, design and manufacturing of rail and bridge equipment relating to high-speed railway, railway passenger dedicated line and inter-urban railway, the manufacturing of electrified railway applications and equipment and the manufacturing of sewerage equipment for passenger railway coaches). 
23. The domestication rate of urban railway transportation project equipment must reach 70% or above.

C11

Communication equipment manufacturing

24. Investment in the design and manufacturing of civil satellites and manufacturing of effective load of civil satellites shall be controlled by Chinese party. 
25. It is restricted to invest in the manufacturing of ground receiving facilities and key parts for satellite television broadcasting.

C12

Smelting and pressing processing of mineral products

26. It is restricted to invest in the smelting of rare metals such as tungsten, molybdenum, tin (excluding tin compounds) and antimony (including antimony oxide and antimony sulfide). 
27. Investment in the rear earth metallurgy and separation is subject to restrictions and is limited to joint venture and cooperative operation. 
28. It is prohibited to invest in the smelting and processing of radioactive minerals.

C13

Pharmaceutical manufacturing

29. It is prohibited to invest in the processing of traditional Chinese medicinal materials listed in the Regulations on the Protection of Wild Medicinal Resources and the Directory of China's Rare and Endangered Plants. 
30. It is prohibited to invest in the application of such processing techniques of traditional Chinese medicine decoction pieces as steaming, frying, cauterizing and calcining and manufacturing of Chinese patent medicine products with secret prescription.

C14

Other manufacturing industries

31. It is prohibited to invest in the ivory carving, tiger bone processing and production of Chinese art paper and black ink stick as well as other traditional handcrafts of China.

D. Production and supply of electric power, heating power, gas and water

D15

Atomic energy

32. Investment in the construction and operation of nuclear power plant must be controlled by Chinese party. 
33. The production, operation, import and export of nuclear fuels, nuclear materials, uranium products and the relevant nuclear technologies shall be monopolized by the qualified central enterprises. 
34. Only the state-owned or state-controlled enterprises may engage in the activities of disposing of radioactive solid waste.

D16

Pipe network facilities

35. Investment in the construction and operation of urban gas pipe network, heating power pipe network and water supply and sewage pipe network in a city with more than 500,000 residents shall be subject to restrictions and must be controlled by Chinese party. 
36. Investment in the construction and operation of power grid must be controlled by Chinese party.

E. Wholesale and retail industry

E17

Monopoly and franchise

37. The monopoly system is applicable to the tobacco industry. The production, sale, import and export of tobacco monopoly commodities (referring to the cigarette, cigar, cut tobacco, re-dried leaf tobacco, leaf tobacco, cigarette paper, filter rod, filter tow and tobacco machinery) shall be subject to a monopoly administration and the tobacco monopoly license system. It is prohibited to invest in the wholesale and retail of leaf tobacco, cigarette, re-dried leaf tobacco and other tobacco products. 
38. The monopoly system is applicable to the state grain (oil) reserve. The China Grain Reserves Corporation is responsible for the specific work relating to the procurement, reserve, operation and administration of state grain reserve (including state oil reserve). 
39. The sale of tax-free commodities shall be subject to a franchise and centralized and unified management. 
40. The lottery issuance and sales shall be subject to a franchise, and it is prohibited to issue and sell foreign lotteries within the territory of the People's Republic of China.

F. Transportation, warehousing and post industries

F18

Road transportation

41. It is restricted to invest in highway passenger transportation companies.

F19

Railway transportation

42. The investment in the construction and operation of the trunk railway network must be controlled by Chinese party. 
43. Investment in railway passenger transportation companies shall be subject to restrictions and must be controlled by Chinese party.

F20

Water transportation

44. Investment in water transportation companies (except for international shipping enterprises established in China (Shanghai) Pilot Free Trade Zone) shall be subject to restrictions and must be controlled by Chinese party, and the operation of the following business is prohibited: (1) the domestic water transportation business of China, including the operation of the water transportation business in disguised form of renting Chinese ships or shipping space; and (2) the domestic ship management, water passenger transportation agency and water freight transportation agency business.
45. The proportion of foreign capital in the investment in shipping agency must not exceed 51%. 
46. Investment in ocean shipping tally business shall be subject to restrictions and shall be limited to joint venture and cooperative operation. 
47. A water transportation business operator shall not apply a foreign ship to the operation of domestic water transport business, except under the particular circumstances permitted by the Chinese government. 
48. The maritime transportation and towage services among Chinese ports shall be operated with the ships with the national flags of the People's Republic of China. The operation of maritime transportation and towage services among Chinese ports through foreign ships must be subject to the approval of the Chinese government.

F21

Public air transportation

49. The shares of a public air transportation enterprise must be controlled by Chinese party, and the investment proportion of a single foreign party (including the affiliated enterprises thereof) investor investing in the public air transportation business must not exceed 25% 
50. The chairman of the board of directors and legal representatives of a public air transportation enterprise shall be Chinese citizens. 
51. A foreign aircraft operator shall not operate the transportation business between two places within Chinese territory. 
52. Only the carrier designated by the Chinese party can run a bilateral air transportation market as specified by a bilateral transportation agreement concluded between Chinese party and the other contracting party.

F22

General aviation

53. The investment in the form of joint venture in general aviation enterprises specializing in the agriculture, forestry and fishery operations is allowed, and the shares of other general aviation enterprises must be controlled by Chinese party.

54. A general aviation enterprise's legal representatives shall be Chinese citizens.

55. The foreign aircrafts or foreign personnel are prohibited from being involved in the general aviation flight in significant professional fields such as aerial photograph, remote sensing survey and mineral resource exploration

F23

Civil airport and air traffic control

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

57. Investment in the construction and operation of civil airport must be relatively controlled by Chinese party.

F24

Post

58. It is prohibited to invest in postal enterprises and in the operation of postal service.

59. It is prohibited to invest in the domestic express business of engaging in the operation of mails.

G. Information transmission, software and information technology services

G25

Telecommunication transmission services

60. Investment in telecommunication companies shall be subject to restrictions and shall be limited to the telecommunication business opened according to China's WTO accession commitments; the proportion of foreign investment in a value-added telecommunication business (excluding the e-commerce business) shall not exceed 50%; the basic telecommunication business operator must be a company specializing in the basic telecommunication business that is established in accordance with the law and whose equities or shares held by the Chinese party shall not be less than 51%.

G26

Internet and related services

61. It is prohibited to invest in the internet news services, online publishing services, online audio-visual program services, internet culture operation (excluding music), business places of internet access services and internet public-oriented information releasing services (excluding the contents of the abovementioned services that are permitted under China's WTO accession commitments).

62. It is prohibited to engage in the activities of compiling and publishing the internet maps (excluding the contents of abovementioned services that are permitted under China's WTO accession commitments).

63. Any cooperation involving the internet news information service business between an internet news information service unit and a foreign investor shall be subject to a safety assessment by the Chinese government.

H. Financial industry

H27

Requirements for the types of institutional banking shareholders

64. The banking financial institutions invested by a foreign investor shall be financial institutions or organizations of particular types. The specific requirements are as follow:

(1) the shareholder of a wholly foreign-funded bank and the foreign shareholder of a joint Chinese-foreign bank shall be the financial institutions, and the sole or controlling/principle shareholder of foreign party shall be the commercial bank;

(2) the investors of Chinese commercial banks and trust companies shall be the financial institutions;

(3) the investors of the rural commercial banks, rural cooperative banks, rural credit (cooperative) associations and village banks shall be the foreign banks;

(4) the investors of financial lease companies shall be the financial institutions or financing lease companies;

(5) the principal sponsors of consumer finance companies shall be the financial institutions;

(6) the investors of money brokers shall be the money brokers;

(7) the investors of financial asset management companies shall be the financial institutions, which shall not participate in the foundation of financial asset management companies by means of sponsorship; and

(8) the investors not clearly stipulated by the laws and regulations shall be the financial institutions.

H28

Requirements for the qualifications in banking

65. The foreign investors investing in the banking financial institutions shall meet the requirements on their total assets. The specific requirements are as follow::

(1) the sole or controlling/principle shareholder of foreign party of a foreign-funded corporation bank, the parent banks of foreign bank branches;

(2) the foreign investors of Chinese commercial banks, rural commercial banks, rural cooperative banks, rural credit (cooperative) associations, village banks, trust companies, financial lease companies, finance companies, and financial asset management companies; and

(3) other banking financial institutions' foreign investors not clearly prescribed by the laws and regulations as inapplicable foreign investors.

66. The foreign investors investing in money brokers must meet the specific conditions in terms of the relevant operation terms, network of global institutions, info-communication network and others.

H29

Requirements for the shareholding proportion in banking

67. The foreign investors taking a stake in Chinese commercial banks, rural commercial banks, rural cooperative banks, rural credit (cooperative) associations, financial asset management companies and other banking financial institutions shall be subject to the limitations on the shareholding ratio of a single shareholder and the total shareholding proportion.

H30

Foreign banks

68. In addition to the above requirements on the types of institutional shareholders and qualifications, a foreign bank shall also meet the following conditions:

(1) the branches of the foreign bank shall not engage in certain business as stipulated by the Law of the People's Republic of China on Commercial Banks, including "issuing, cashing and undertaking the sale of government bonds as agents", "handling receipts and payments as agents " and "engaging in bank card business"; except for the business of absorbing a fixed time deposit of no less than CNY1 million of each citizen within Chinese territory, the branches of the foreign bank shall not operate the RMB business targeting the citizens within Chinese territory;

(2) the headquarters of the foreign bank shall allocate the operating capital to the branches without compensation, and a part of the operating capital shall exist in a specific form and meet the relevant administration requirements;

(3) the branches of the foreign bank must meet the requirements on the operating capital adequacy (8%); and

(4) the foreign bank that is permitted to operate the RMB business must meet the minimum requirements on the opening time.

H31

Futures companies

69. Investment in futures companies shall be subject to restrictions and shall be controlled by Chinese party.

H32

Securities companies

70. Investment in securities companies shall be subject to restrictions shall be with a proportion of foreign capital under 49%.

71. The proportion of equity held (including direct holding and indirect control) by a single foreign investor in a listed domestic-funded securities company shall not exceed 20%; the proportion of equity held (including direct holding and indirect control) by all foreign investors in a listed domestic-funded securities company shall not exceed 25%.

H33

Securities investment fund management companies

72. Investment in securities investment fund management companies shall be subject to restrictions and shall be with a proportion of foreign capital under 49%.

H34

Securities and futures business

73. It is prohibited to become the regular member of a stock exchange and the member of a futures exchange.

74. It is prohibited to file an application for opening an A share security account and futures account.

H35

Establishment of an insurance institution

75. It is restricted to invest in insurance companies (the proportion of foreign capital in a life insurance company shall not exceed 50%), and the proportion of total shares held by domestic insurance companies in insurance asset management companies shall not be less than 75%.

76. The foreign insurance company that files an application for establishment of a foreign-funded insurance company and the foreign financial institution that makes equity investment in an insurance company (excluding the purchase of shares of a listed insurance company on a stock exchange) must meet the conditions stipulated by the insurance regulatory authorities of China in terms of business term, total assets and others.

H36

Insurance business

77. A foreign-funded insurance company shall not engage in the business of ceding in or out the reinsurance with its affiliated enterprises in case of absence of an approval from the Chinese insurance regulatory authorities.

I. Leasing and business service

I37

Accounting audit

78. The Principal Partner of an accounting firm (special general partnership) (or top management members) shall have the Chinese nationality.

I38

Legal services

79. The foreign law office can enter China only through the establishment of a representative organization; the establishment of representative organizations in China and dispatching of representatives to China shall subject to the permission of the judicial administrative departments of China.

80. It is prohibited to engage in Chinese legal affairs or become the partner of a domestic law office.

81. The representative organization in China of a foreign law office shall not recruit any Chinese practicing lawyer, and the supporting personnel recruited shall not provide legal services for the parties concerned in a case.

I39

Statistical investigation

82. Implement the qualification certification system for foreign-related investigation institutions and the system of examination and approval for foreign-related social survey projects.

83. It is prohibited to invest in the social survey.

84. Investment in the market survey shall be subject to restrictions and shall be limited to joint venture and cooperative operation; specifically, the investment in the broadcasting and television listening and rating survey must be controlled by Chinese party.

85. It is prohibited to invest in ratings services.

I40

Other commercial services

86. The legal representative of an intermediary agency for entry and exit for personal reasons must be a Chinese citizen having a permanent residence in China and being of full capacity for civil conduct.

J. Scientific research and technical services

J41

Professional technical services

87. It is prohibited to invest in the geodetic surveying, hydrographic surveying and charting, surveying and mapping via aerial photography, surveying and mapping of administrative area borders, compiling of the topographical maps, world administrative maps, national administrative maps, administrative maps at the provincial level or below, national school maps, local school maps and true three-dimensional maps, compiling of navigation electronic maps and regional investigations in terms of geological mapping, mineral geology, geophysics, geochemistry, hydrogeology, environmental geology, geological disasters and remote sensing geology.

88. Investment in surveying and charting companies shall be subject to restrictions and must be controlled by Chinese party.

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

90. The establishment and operation of humanistic and social science research institutions are prohibited.

K. Water conservancy, environment and public facility management

K42

Animal and plant resources protection

91. It is prohibited to invest in the development of wildlife resources originated in China and under the national protection.

92. It is prohibited to collect or acquire wild plants under the State's key protection.

L. Education

L43

Education

93. The foreign educational institutions, other organizations or individuals shall not establish a school or educational institutions (excluding non-educational system vocational skill training institutions) with Chinese citizens as primary enrollment targets.

94. The foreign educational institutions may, in concert with the Chinese educational institutions, establish education institutions with Chinese citizens as main enrollment targets; a Sino-foreign cooperative educational institution may set up various educational institutions at all levels through cooperation, however,

(1) it shall not establish the institutions offering compulsory education and education in special fields such as military, police, politics and the Party school;

(2) foreign religious organizations, institutions, academies and staff shall not engage in the cooperative operation of schools in China, and a Sino-foreign cooperative educational institution shall not carry out the religious education and religious activities; and

(3) Investment in general senior high school educational institutions, institutions of higher education and preschool education shall be controlled by Chinese party (the principals and principal administrators shall be subject to restrictions and shall have the Chinese nationality and a permanent residence in China; the Chinese members of the board of governors, the board of directors or the joint management committee shall account for not less than one second of the total members; the educational and teaching activities and course materials shall meet the relevant Chinese laws and regulations and the relevant provisions).

M. Health and social work

M44

Medical treatment

95. Investment in medical institutions shall be subjuect to restrictions and shall be limited to joint venture and cooperative operation.

N. Culture, sports and entertainment

N45

Radio and television broadcasting, transmission, production and operation

96. It is prohibited to invest in the establishment and operation of all levels of broadcasting stations, television stations, radio and television frequency, channel and time frame programs, radio and television transmission network (including the broadcasting and television radiating stations, rebroadcasting stations (including transposer stations and signal receiving and transmission stations), broadcasting and TV satellites, satellite uplink stations, satellite signal receiving and rebroadcasting stations, microwave stations, monitoring stations and cable broadcasting and television transmission network, etc.) or to engage in the video on demand business of radio and TV and in the provision of services of installation of the ground receiving facilities for satellite television broadcasting.

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

98. The introduction of foreign satellite channel shall be subject to the examination and approval system. An application for bringing in the foreign movies and television dramas and bringing in other foreign television programs by satellite transmission shall be filed by the entities designated by the State Administration of Press, Publication, Radio, Film and Television of the People's Republic of China.

99. The TV series (including TV cartoon programs) produced through Chinese-foreign cooperation shall be subject to the licensing system.

N46

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

100. It is prohibited to invest in the establishment of press agencies, newspapers and periodicals offices, publishing houses and news agencies.

101. The establishment of a resident news agency in China and dispatching of resident correspondents to China by a foreign news agency shall be subject to the approval of the Chinese government.

102. The provision of news services within the territory of China by a foreign press agency shall be subject to an examination and approval of the Chinese government.

103. It is prohibited to invest in the operation of publishing and production of books, newspapers, periodicals, audio-visual products and electronic publications; prohibited operation of the layout of newspapers and periodicals.

104. The business cooperation between the Chinese and foreign news agencies and the Sino-foreign cooperative news publishing projects must be guided by Chinese party and be subject to the approval of the Chinese government (upon the approval of the Chinese government, the domestic scientific and technological periodicals and foreign periodicals are allowed to set up a copyright cooperation relationship, with a cooperation period of no more than five years; where the cooperation period expires and needs to be extended, another application shall be filed for approval. The Chinese party has the right of giving final approval for the contents, and the foreign party shall not participate in the activities of compiling and publishing of Chinese periodicals).

105. It is prohibited to engage in the import of movies, radio and television programs, artworks and digital bibliographic database and its publications as well as other cultural products (excluding the contents of the abovementioned services that are permitted under China's WTO accession commitments).

106. Investment in the printing of publications shall be subject to restrictions and must be controlled by Chinese party.

107. The provision of financial information services within the territory of China without the approval of the Chinese government is prohibited.

108. The overseas media (including the newspaper offices, periodical presses, book publishing houses, audio-visual publishing houses, electronic publication publishing companies and radio, film, television and other mass communication agencies of foreign countries and of Hong Kong, Macao and Taiwan) shall not set up agencies or editorial departments within the territory of China. If they need to set up a working body, it shall be subject to an examination and approval.

N47

Film production, distribution and projection

109. It is prohibited to invest in movie production companies, distribution companies and cinema companies.

110. The Chinese government adopts a licensing system for the movies produced through Chinese-foreign cooperation.

111. The investment in the construction and operation of a cinema shall be controlled by Chinese party. The films shall be projected according to the proportion of time for projection of domestic movies and imported movies as stipulated by the Chinese government. The time of projection of domestic movies at a projection unit in a year shall not be less than two thirds of the annual total projection time.

N48

Intangible cultural heritages, cultural relics and archaeology

112. It is prohibited to invest in and operate enterprises selling cultural relics by auction and purchasing and selling cultural relics.

113. It is prohibited to invest in and operate state-owned cultural relic museums.

114. The cultural relics immovable and banned by the State from exportation are prohibited from being transferred, pledged and rented to foreigners.

115. It is prohibited to invest in and operate intangible cultural heritage investigation agencies.

116. Foreign organizations or individuals carrying out the intangible cultural heritage investigation and archaeological investigation, exploration and excavation within the territory of China shall take the form of cooperation with Chinese party and be subject to a special examination and approval.

N49

Culture and entertainment

117. It is prohibited to establish cultural and artistic performance groups.

118. Investment in the performance brokerage institutions shall be subject to restrictions and must be controlled by Chinese party (excluding those providing services for the provinces and cities where they are located).

119. It is restricted to invest in the construction and operation of large theme parks.

O. All industries

O50

All industries

120. It is prohibited to act as individual businesses, investors of sole proprietorship enterprises and members of farmers' professional cooperatives to engage in operational activities.

121. As for the banned items as prescribed by the Catalogue for the Guidance of Foreign Investment Industries and the items marked with the words "limited to joint venture", "limited to cooperative operation", "limited to joint venture and cooperative operation", "controlled by Chinese party", "relatively controlled by Chinese party" and subject to the requirements on the proportion of foreign capital, a foreign-funded partnership firm shall not be established.

122. Where the merger and acquisition of domestic enterprises by the foreign investors, the strategic investment from the foreign investors in listed companies, and the foreign investors' contribution with the equity they hold in the enterprises within the territory of China involve the matters relating to the establishment of foreign investment projects and enterprises as well as the alternation thereof, the existing provisions shall apply.