China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

China Eases Restrictions for Foreign-Invested Telecommunications Enterprises

Wed, 18 May 2022
Categories: China Legal Trends

On 7 Apr. 2022, the State Council issued a relevant decision to make substantial amendments to the “Provisions on Administration of Foreign-invested Telecommunications Enterprises” (hereinafter “the Provisions on Administration”, 外商投资电信企业管理规定), which came into effect on 1 May 2022.

The new Provisions on Administration simplifies the original 23 articles into 17 articles, revises definition of “foreign-invested telecommunications enterprises” in Article 2 into “enterprises lawfully established by foreign investors within the territory of the People’s Republic of China to provide telecommunications services”, and deletes the expressions like “Sino-foreign equity joint venture”. Such revision makes the relevant concepts and expressions in Provisions on Administration consistent with those in the Foreign Investment Law.

Provisions on Administration further relaxes the restrictions on foreign equity ratio.

It provides that “The ultimate proportion of capital contribution made by foreign investors in a foreign-invested telecommunications enterprise providing basic telecommunications services (excluding radio paging services) shall not exceed 49%, except as otherwise provided by the state. The ultimate proportion of capital contribution made by foreign investors in a foreign-invested telecommunications enterprise providing value-added telecommunications services (including basic telecommunications services in the radio paging services) shall not exceed 50%, except as otherwise provided by the state.”

Prior to that, there was no such exception clause. This opens up the possibility for the Chinese government to relax restrictions on foreign investors in the telecommunications services.

 

 

Cover Photo by Xu Duo on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

Related laws on China Laws Portal

You might also like

SPC Issues Guiding Cases on Gig Worker Protection

In December 2024, China’s Supreme People’s Court issued its first guiding cases on gig worker labor disputes, clarifying criteria for determining employment relationships with platform companies.

China Amends Supervision Law to Strengthen Oversight

The newly amended Supervision Law of the People’s Republic of China, effective June 1, 2025, strengthens oversight, limits supervisory powers, and enhances protections for citizens' rights through standardized enforcement.

China Regulates Takeout Marketing to Curb Food Waste

In November 2024, China issued new guidelines restricting food delivery marketing to curb waste by prohibiting promotions that encourage overeating, setting reasonable order quantities, and optimizing discount mechanisms.

China's First Third-Party Funding Arbitration Case Named Top Ten by Beijing Court

In November 2024, the Beijing Fourth Intermediate People's Court selected China's first third-party funding-related arbitration case (Ruili Airlines Co., Ltd. et al. v. CLC Aircraft Leasing (Tianjin) Co., Ltd.(2022) Jing 04 Min Te No. 368-369 ), as one of its top ten typical cases, setting a precedent for judicial review of arbitration involving third-party funding.

SPC Publishes First Maritime Guiding Cases

In November 2024, China’s Supreme People's Court (SPC) published its first batch of maritime guiding cases, addressing key issues such as maritime cargo contracts, ship collisions, and the recognition and enforcement of foreign judgments.