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China Releases 2020 Negative List for Market Access

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China Releases 2020 Negative List for Market Access

On 10 December 2020, the National Development and Reform Commission and Ministry of Commerce of the PRC jointly released the Negative List for Market Access (2020 Edition), which has come into effect on 10 December 2020.

The 2020 negative list for market access consists of 5 prohibited items and 118 items that require government approval for market access. Comparing with the 2019 version, 3 regulation measures including those concerning approval of forest resources asset assessment have been relaxed, and 14 regulation measures, including inspection permission for import and export commodity inspection and authentication, removed from the list.

The prohibited items listed in the 2020 negative list for market access:
  1. Prohibitive provisions related to market access clearly established by laws, regulations, decisions of the State Council and others.
  2. Products, technologies, processes, equipment and behaviours that are eliminated or restricted by national industrial policies.
  3. 3All kinds of development activities that do not meet the construction requirements of the main functional area.
  4. Illegal financial related business activities are prohibited.
  5. Illegal internet related business activities are prohibited.

The 118 items that require government approval for market access apply to:
  1. Agriculture, forestry, animal husbandry and fishery
  2. Mining
  3. Manufacturing
  4. Electricity, heat, gas and water production and supply
  5. Construction
  6. Wholesale and retail
  7. Transportation, storage and postal services
  8. Accommodation and catering
  9. Information transmission, software and information technology services
  10. Finance
  11. Real estate
  12. Leasing and business services
  13. Scientific research and technology services
  14. Water conservancy, environment and public facilities management
  15. Residential services, repair and other services
  16. Education
  17. Health and social work
  18. Culture, sports and entertainment
  19. The list of investment projects approved by the government (2016 Edition) specifies the project is subject to approval (except those specifically for foreign investment and overseas investment)
  20. The catalogue of prohibition and permission for Internet market access specifies the item is subject to approval
  21. Others

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