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I. Agriculture,
forestry, animal husbandry and fishery
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The
selection and breeding of new varieties of wheat and corn, and seed
production must be controlled by the Chinese side.
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Chinese
party shareholding in new variety breeding and seed production of wheat and
maize shall not be less than 34%.
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No
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It
is prohibited to invest in the fishing of aquatic products in sea and inland
waters under China’s jurisdiction.
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Repealed
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Yes
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II.
Mining
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It
is prohibited to invest in exploration, mining and beneficiation of rare
earth, radioactive minerals, and tungsten.
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It
is prohibited to invest in exploration, mining and beneficiation of rare
earth, radioactive minerals, and tungsten. (Without permission, no person shall
be allowed to enter rare earth mines or obtain mine geology information, ore
samples and production technology.)
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No
|
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III.
Manufacturing
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The
printing of publications must be controlled by the Chinese side.
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Repealed
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Yes
|
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It
is prohibited to invest in the smelting and processing of radioactive
minerals, or production of nuclear fuel.
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No restriction
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No
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VI. Transportation,
warehousing and postal services
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Domestic
water transportation companies must be controlled by the Chinese side.
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Domestic
water transportation companies must be controlled by the Chinese side. (Foreign investors shall not
operate, or operate through disguised lease of Chinese vessels or berths
etc., China domestic waterway transport business and auxiliary businesses
thereof; water transport business operators shall not use foreign vessel(s)
to operate domestic water transport business however if upon approval by the
Chinese government where there is no Chinese vessel in China which can
satisfy the transportation requirements, and the port or waters where the
vessel is docked is opened to foreign vessels, the water transport business
operator may use foreign vessel(s) temporarily within the term or voyage
stipulated by the Chinese Government to undertake marine transport and towing
between Chinese ports.)
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No
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The
public air transport company must be controlled by the Chinese side, and the
investment ratio of a foreign company and its affiliates must not exceed 25%.
The legal representative must be a citizen of Chinese nationality.
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The
controlling stake in public aviation enterprises shall be held by the Chinese
party, and the investment ratio of a foreign investor and its associates shall
not exceed 25%. The legal representative shall be a Chinese citizen. (Only China designated public
aviation enterprises can operate domestic aviation business, and provide
regular and ad hoc international aviation services in the capacity of a China
designated carrier.)
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No
|
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It
is prohibited to invest in postal companies and domestic express delivery
services.
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Investment
in postal enterprises (and
operation of postal services) and domestic express mail business shall
be prohibited.
|
No
|
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VII.
Information transmission, software and information technology services
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Telecommunications
companies: the telecommunication services are limited to those promised at
China’s WTO accession, and foreign-invested shares of value-added
telecommunications services must not exceed 50% (excluding e-commerce,
domestic multi-party communication,store-and-forward business, call center);
the basic telecommunications services must be controlled by the Chinese side.
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Telecommunications
companies: limited to telecommunications services opened up pursuant to
China’s WTO commitments; the foreign investment ratio for value-add
telecommunications services (except for e-commerce, , domestic multi-party
communication,store-and-forward business, call center) shall not exceed 50%;
the controlling stake of operators of basic telecommunications businesses
shall be held by the Chinese party (and the operators shall be telecommunications companies established
pursuant to the law to engage specifically in basic telecommunications
businesses). The pilot scheme policies of the Shanghai Pilot Free Trade
Zone’s original territory (28.8 square kilometers) shall be extended to all
pilot FTZs.
|
No
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XI.
Education
|
Preschool,
ordinary high school and higher education institutions are limited to
Sino-foreign cooperative education, and must be led by the Chinese side (The
principal or chief administrative officer shall have Chinese nationality, and
Chinese members of the council, board of directors or joint management
committee shall be no less than than 1/2).
|
Pre-school,
ordinary high school and higher education institutions shall be limited to
the form of Sino-foreign cooperative joint venture and led by the Chinese
party (the principal or the key person-in-charge of administration shall be a
Chinese national (and based in China); Chinese members shall comprise no less
than half of the council, board of directors or joint administrative
committee. (Foreign
education institutions, other organizations or individuals shall not solely
establish schools or any other educational institutions whose enrolment
targets are mainly Chinese citizens (excluding non-academic vocational skills
training), however, foreign educational institutions may cooperate with a
Chinese educational institution to jointly establish educational institutions
whose enrolment targets are mainly Chinese citizens).
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No
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XIII.
Culture, sports and entertainment
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Investment
in news institutions (including but not limited to news agencies) is
prohibited.
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Investment
in establishment of news organizations (including but not limited to news
agencies) shall be prohibited. (Establishment of resident news agency in China and assignment of
permanent correspondents to China by foreign news organizations shall be
subject to approval by the Chinese Government. Provision of news services by
foreign news agencies in China shall be subject to examination and approval
by the Chinese Government. Business cooperation between Chinese and foreign
new organizations shall be led by the Chinese party, and shall be subject to
approval by the Chinese Government.)
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No
|
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It
is prohibited to invest in the editing, publishing and production of books,
newspapers, periodicals, audio-visual products and electronic publications.
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Investment
and operation of editing, publication and production of books, newspapers,
periodicals, audio-visual products and electronic publications shall be
prohibited. (However,
subject to approval by the Chinese Government, provided that the Chinese
cooperative party holds the operating dominance rights and the rights to
final examination of contents, and that the parties satisfy other criteria
such as compliance with approval reply of the Chinese Government, a
Sino-foreign publisher may engage in Sino-foreign cooperative news publishing
projects. Without approval by the Chinese Government, provision of financial
information in China shall be prohibited.)
|
No
|
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It
is prohibited to invest in broadcasting stations, television stations, radio
and television channels (frequencies), radio and television transmission
coverage networks (transmission stations, relay stations, radio and
television satellites, satellite uplink stations, satellite retransmission
stations, microwave stations, monitoring stations and cable radio and
television transmission coverage networks, etc.) at all levels. It is
prohibited to engage in installation services for on demand services for
broadcast television videos and ground reception facilities for satellite
television broadcasting.
|
Investment
in establishment and operation of all levels of radio stations, television
stations, radio and television channel (frequency), radio and television
transmission coverage networks (including transmitters and relay stations,
radio and television satellites, satellite up-stations, satellite
transmission stations, microwave stations, monitoring stations, cable radio
and television transmission coverage networks etc.) shall be prohibited, and
engaging in radio and television video on demand services and satellite
television ground receiving facilities installation services shall be
prohibited. (Landing of
overseas satellite channels shall be subject to examination and approval.)
|
No
|
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It
is prohibited to invest in the production and operation of broadcasting and
television programs (including the introduction of businesses).
|
Investment
in radio and television program production and operation (including
introduction of business) enterprises shall be prohibited. (Introduction of overseas
television programs and introduction of other overseas television programs
via satellite transmission shall be declared by units designated by the State
Administration of Press, Publication, Radio, Film and Television.
Sino-foreign cooperative production of television series (including
television animation) shall be subject to licensing.)
|
No
|
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It
is prohibited to invest in film production companies, distribution companies,
cinema companies, and film import business.
|
Investment
in film production companies, distribution companies and cinema companies as
well as film introduction business shall be prohibited. (However, upon approval,
foreign enterprises are allowed to produce films with Chinese enterprises.)
|
No
|
|
It
is prohibited to invest in the auction companies for cultural relics, stores
for cultural relics, and state-owned cultural relics museums.
|
Investment
in auction companies, cultural relics stores and state-owned cultural relics
museums engaging in auction of cultural relics shall be prohibited. (Transfer, mortgage and
renting of immovable cultural relics and cultural relics prohibited to be
brought out of China to foreigners shall be prohibited. Establishment and
operation of intangible cultural heritage investigation organizations shall
be prohibited; intangible cultural heritage surveys and archaeological
investigation, exploration and excavation in China by overseas organizations
or individuals shall adopt the form of cooperation with China and be subject
to special examination and approval and licensing.)
|
No
|
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It
is prohibited to invest in performing arts groups.
|
The
controlling stake of performing arts groups shall be held by Chinese party.
|
No
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