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Order of the State Development and
Reform Commission, the Ministry of Commerce of the People's Republic of
China
No.24
The Catalogue for the Guidance of Foreign
Investment Industries and its Attachment have been amended and are
promulgated now for the purpose of meeting the need of economy and
social development and adjustment of industrial structure, and shall
come into force on January 1st, 2005. The Catalogue for the Guidance of
Foreign Investment Industries which was promulgated by the former State
Development Planning Commission, the former State Economy and Trade
Commission and the former Ministry of Foreign Trade and Economic
Cooperation on March 11, 2002 shall be annulled at the same time.
Ma Kai, Director of the State
Development and Reform Commission
Bo Xilai, Minister of the Ministry of Commerce
November 30, 2004
Catalogue for the Guidance of
Foreign Investment Industries (Amended in 2004)
(Related to Logistics)
Catalogue of Encouraged Foreign
Investment Industries
III. Manufacturing
Industries
17. Special
Equipment
(19) Design and manufacturing of new type of
mechanical equipment for highways and ports (20)
Manufacturing of equipment for highways and bridges
maintenance, automatic detection (21)
Manufacturing of equipment for operation
supervisory control, ventilation, disaster prevention and rescue system
of highway and tunnels
(22) Design and manufacturing of large
equipment for railway construction and maintenance
(25) Manufacturing of machines for road
milling and overhauling
(26) Manufacturing of tunneling diggers, equipment of covered
digging for city metro
18. Communication
and Transportation Equipment Industries
*(1) Manufacture
of complete automobiles (including R&D activities)
(2) Manufacture of engines for automobiles
(including R&D activities)
(3) Manufacture of key spare parts for
automobiles: complete disc brakes, complete driving rods, automatic
gearboxes, fuel pumps of diesel engine, inhalant supercharger of
engines, electromotion steering system, adhesive axial organ(used for
four-wheel drive), gas filling vibration abosorber,air spring, hydraulic
tappet, cluster gauge
(4) Production of automobile electronic
devices(including engine control system, underchassis control system,
autocar body electric control system)
(5) Manufacture of vehicles for
special-purpose in petroleum industry: vehicles for deserts, etc.
(6) Technology and equipment for railway
transportation: design and production of locomotives and main parts,
design and production of equipment for railways and bridges, related
technology and equipment production for rapid transit railway,
production of equipment for communicational signals and transportation
safety monitoring, production of electric railway equipment and
instrument
(7) Equipment for urban rapid transit track
transportation: design and manufacture of sc( of powered car and main
parts for metro, city light rail
(8) Design and manufacture of civil planes
(Chinese partner shall hold the majority of shares)
(9) Production of spares parts for civil
planes
(10) Design and manufacture of civil
helicopters (Chinese partner shall hold the majority of shares)
(11) Design and manufacture of aeroplane
engines (Chinese partner shall hold the majority of shares)
(12) Design and manufacture of civil
air-borne equipment (Chinese partner shall hold the majority of shares)
(13) Manufacture of light gas-turbine engine
(14) Design and manufacture of crankshafts
of low-speed diesel engine for vessel
(15) Repairing, design and manufacture of
special vessels, high-performance vessels (the Chinese party shall hold
the relative majority of shares)
(16) Design and
manufacture of the equipment and accessories of high-speed diesel
engines, auxiliary engines, radio communication and navigation for
vessels (the Chinese party should hold relative majority shares)
(17) Manufacture of fishing boats and yachts
made of glass fibre reinforced plastic
VI. Communication
and Transportation, Storage, Post and Telecommunication Services
1. Construction and management of grid of
national trunk railways (Chinese partner shall hold the majority of
shares)
2. Construction
and management of feeder railways, local railways and related bridges,
tunnels and ferry facilities (equity joint ventures or contractual joint
ventures only)
3. Construction and management of highways,
independent bridges and tunnels
4. Construction and management of public
dock facilities of ports
5. Construction and management of civil
airports (the Chinese party shall hold the relative majority of shares)
6. Air transportation companies (Chinese
partner shall hold the majority of shares)
7. General aviation companies for
agriculture, forest and fishery (equity joint ventures or contractual
joint ventures only)
*8. International liner and tramp maritime
transportation business
*9. International containers inter-model
transportation
*10. Road freight transportation companies
11. Construction and management of oil (gas)
pipelines, oil (gas) depots and petroleum wharf
12. Construction and management of the
facilities of coal delivery pipelines
13. Construction and management of storage
facilities relating to transportation services
VII. Wholesale
and Retail Trade Industry
*1. Wholesale, retail and logistic
distribution of general goods
IX. Social
Service Industry
1. Public Facility Service Industries
(1) Construction and management of urban
access-controlled roads
(2) Construction and management of metro and
city light rail (Chinese partner shall hold the majority of shares)
XIII. Permitted
foreign invested projects whose products are to be wholly exported
directly
Catalogue of Restricted Foreign Investment Industries
III. Manufacturing
Industries
11. Ordinary Machinery Manufacturing
Industry
(1) Manufacture of containers
V. Communication
and Transportation, Storage, Post and Telecommunication Services
*2. Cross-border automobile transportation
companies
*3. Water Transportation companies
*4. Railway freight transportation companies
VI. Wholesale and
Retail Trade Industries
*l. Commercial companies of commodity
trading, direct selling, mail order selling, Internet selling,
franchising, commissioned operation, sales agent, commercial management
companies, and wholesale, retail and logistic distribution of grain,
cotton, vegetable oil, sugar, medicines, tobaccos, automobiles, crude
oil, capital goods for agricultural production
*6. Agencies (ship,
freight forwarding, tally for foreign vessels, advertising)
*7. Wholesaling product oil, and
construction and operation of gasoline stations
XIII. Other
industries restricted by the State or international treaties that China
has concluded or taken part in
Catalogue of Prohibited Foreign Investment Industries
V. Communication
and Transportation, Storage. Post and Telecommunication Services
1. Companies of air traffic control
2. Companies of postal services
X. Other
industries restricted by the State or international treaties that China
has concluded or taken part in
Note:
1. In the case that the Mainland/Hong Kong
Closer Economic Partnership Arrangement and its supplement or the
Mainland/Macao Closer Economic Partnership Arrangement and its
supplement have prescribed specific rules, those regulations shall be
observed.
2. The items marked "*" are related to the commitment of
China's accession to WTO. Please see the Attachment for details.
Catalogue for the
Guidance of Foreign Investment Industries (Attachment)
I. Notes
for Catalogue of Encouraged Industries:
5. Manufacturing of automobile and
motorcycle: The proportion of foreign investments shall not exceed 50%.
6. International
liner and tramp maritime transportation business: The proportion of
foreign investments shall not exceed 49%.
7. International container multi-modal
transportation: The proportion of foreign investments shall not exceed
50%. Foreign majority ownership will be permitted no later than Dee. 11,
2002. Wholly foreign ownership will be permitted no later than Dec. 11,
2005.
8. Road freight transportation companies:
Foreign majority ownership will be permitted no later than Dec. 11,
2002. Wholly foreign ownership will be permitted no later than Dec. 11,
2004.
9. Wholesale, retail and logistic
distribution of general goods: As described in No. 5 of Notes for
Catalogue of Restricted Industries of the Attachment
II. Notes for
Catalogue of Restricted Industries:
1. Cross-border automobile transportation
companies: Foreign majority ownership will be permitted no later than
Dec. 11. 2002. Wholly foreign owned enterprises will be permitted no
later than Dec. 11,2004.
2. Water transportation companies: The
proportion of foreign investment shall not exceed 49%.
3. Rail freight
transportation companies: The proportion of foreign investment shall not
exceed 49%. Foreign majority ownership will he permitted no later than
Dec. 11. 2004. Wholly foreign owned enterprises will be permitted no
later than Dec, 11. 2007.
5. Commodities trade, direct selling,
mail-order selling. Internet selling, sales agent, franchising,
commercial management; whole sale, retail and logistic distribution of
grain, cotton, vegetable oil, sugar, pharmaceutical products, tobacco,
automobile, crude oil, capital goods for agricultural production; whole
sale and retail of books, newspapers, periodicals; whole sale of product
nil, construction and operation of gasoline station
(1) Commission agents' services and wholesale trade services
(excluding salt, tobacco): Foreign invested enterprises are permitted no
later than Dec. 11, 2002 with foreign investment not exceeding 50%, but
can not engage in the distribution of books, newspapers, magazines,
pharmaceutical products, pesticides, mulching films, chemical
fertilizers, processed oil and crude oil. Foreign majority ownership
will be permitted no later than Dec. 11, 2003. And wholly foreign-owned
enterprises will be permitted no later than Dec. 11, 2004, and can
engage in the distribution of books, newspapers, magazines,
pharmaceutical products, pesticides, mulching films. The distribution of
chemical fertilizers, processed oil and crude oil are permitted no later
than Dec. 11,2006.
(2) Retailing services (excluding tobacco): Foreign invested
enterprises are permitted but can not engage in the distribution of
books, newspapers, magazines, pharmaceutical products, pesticides,
mulching films, chemical fertilizers, processed oil. The proportion of
foreign investment can reach 50% no later than Dec. 11, 2002, and can
engage in the distribution of books, newspapers and magazines. Foreign
majority ownership will be permitted no later than Dee. 11, 2003. And
wholly foreign-owned enterprises will be permitted no later than Dee.
11, 2004, and can engage in the distribution of pharmaceutical products,
pesticides, mulching films, and processed oil. The distribution of
chemical fertilizers are permitted no later than Dec. 11, 2006. Foreign
investors can not take majority ownership of a Chain-store that has over
30 branch stores and engages in the distribution of automobiles (the
limitation will be lift no later than Dec. 11, 2006), books, newspapers,
magazines, pharmaceutical products, pesticides, mulching films,
processed oil, chemical fertilizers, grain, vegetable oil, sugar,
tobacco, cotton.
(3) Franchising and wholesale or retail trade services away from
a fixed location: Foreign invested enterprises are permitted no later
than Dec. 11, 2004.
8. Agencies
(1) Ship agencies: The proportion of foreign investment shall not
exceed 49%.
(2) Freight forwarding agencies (excluding those services
specially reserved for Chinese postal authorities): The proportion of
foreign investment shall not exceed 50% (not exceed 49% in the case of
courier services). Foreign majority ownership shall be permitted no
later than Dec. 11, 2002. Wholly foreign owned enterprises shall be
permitted no later than Dec. 11, 2005.
(3) Cargo handling for foreign vessels: In forms of equity joint
ventures or contractual joint ventures only
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