Negative list of foreign investment in China: Difference between revisions
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Revision as of 09:00, 27 November 2019
Negative list is a management model of foreign direct investment established in China and confirmed by the Foreign Investment Law of the People's Republic of China, which comes into effect on January 1, 2020.
It refers to special administrative measures for the access of foreign investment in specific fields. The Chinese government shall give national treatment to foreign investment beyond the negative list. The negative list will be issued by or upon approval by the State Council.
According to the Foreign Investment Law, foreign investors shall not invest in any field forbidden by the negative list for access of foreign investment. For any field restricted by the negative list, foreign investors shall conform to the investment conditions provided in the negative list. Fields not included in the negative list shall be managed under the principle that domestic investment and foreign investment shall be treated uniformly.
Where a foreign investor invests in a field forbidden by the negative list, the government shall order the said investor to stop its investment activity, dispose of the shares and assets thereof or take any other necessary measures within a prescribed time limit, and restore the state to what it was prior to the investment; if there is any illegal gain, such gain shall be confiscated.[1]
On November 22, 2019, China issued the 2019 version of the unified negative list for market access.[2]
See also
- Foreign Investment Law of the People's Republic of China
- Pre-establishment national treatment
- National treatment
References
- ^ "Foreign Investment Law of the People's Republic of China". mofcom.gov.cn. Retrieved 2019-11-27.
{{cite web}}: CS1 maint: url-status (link) - ^ "市场准入负面清单（2019年版）". mofcom.gov.cn. Retrieved 2019-11-27.
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