On 25 Mar. 2022, China’s National Development and Reform Commission released the Negative List for Market Access (2022 Edition) (hereinafter “the List”, 市场准入负面清单（2022年版)), further expanding the market areas in which domestic and foreign investors can operate.
The List includes six prohibited access items and 111 permitted access items, totaling 117 items, which is 6 items less than its 2020 edition.
In terms of prohibited access items, the List clarifies that illegal internet-related business activities are prohibited, and P2P lending information intermediaries are prohibited from providing credit enhancement services, collecting or gathering funds directly or indirectly, illegally fund-raising, or jeopardizing national interests and public interests.
The List and the Negative List for foreign investment jointly constitute a unified system of laws and regulations for market access in China.
For foreign investors, both of the said two negative lists need to be consulted to clarify which industries, fields, and businesses are not allowed for investment, which shall be subject to licensing and which can be freely decided.
For domestic investors, only the List needs to be consulted.
The List shall come into force from the date of publication, and its 2020 Edition (Fa Gai Ti Gai Gui (2020) No. 1880) (发改体改规〔2020〕1880号) issued on 10 Dec. 2020 shall be repealed at the same time.
Cover Photo by gabriel xu on Unsplash
Contributors: CJO Staff Contributors Team