1. “Special Administrative Measures for Cross-border Service Trade in Hainan Free Trade Port (Negative List) (2021 Edition)” Uniformly lists national treatment, market access, local presence, and financial services Cross-border trade and other aspects provide services to overseas service providers in a cross-border manner (through Special management measures for cross-border delivery, overseas consumption, natural person movement mode) are applicable to overseas The South Free Trade Port covers the entire island of Hainan Island. Only applicable if there is no special instructions Overseas service providers provide services to market entities and individuals in the Hainan Free Trade Port Service. “Special Administrative Measures for Cross-border Service Trade in Hainan Free Trade Port (Negative List) (2021 Edition)”, in the Hainan Free Trade Port in accordance with domestic and foreign services The principle of consistent treatment with service providers is implemented and managed.
2. The contents listed in the “Negative List of Market Access” and the “Outside Hainan Free Trade Port” “Special Administrative Measures for Commercial Investment Access (Negative List)” Special management measures for services are not included in this negative list.
3. Overseas service providers are not allowed to provide “Hainan Free Trade Port Cross-border Services prohibited in the Special Administrative Measures for International Trade in Services (Negative List) (2021 Edition)” Services; provide the “Special Administrative Measures for Cross-border Service Trade in Hainan Free Trade Port” in a cross-border manner – 1 – (Negative List) (2021 Edition)” in non-prohibited areas, according to the corresponding regulations manage.
4. Special Administrative Measures for Cross-border Service Trade in Hainan Free Trade Port (Negative List) (2021 Edition)” not listed in “Relevant to national security, public order, financial prudence, social service Services, human genetic resources, humanities and social sciences research and development, new cultural formats, aviation business rights, immigration And employment measures and the government’s exercise of functions and other related measures shall be implemented in accordance with current regulations.
5. There are more preferential treatments for cross-border service trade with Hong Kong, Macao and Taiwan on overseas service providers If arrangements are made, international treaties and agreements that my country has concluded or participated in open to overseas service providers. If there are more preferential regulations for the development of cross-border service trade, the corresponding regulations can be implemented.
6. Special Administrative Measures for Cross-border Service Trade in Hainan Free Trade Port (Negative List) (2021 Edition)” The Ministry of Commerce and relevant departments are responsible for interpretation.
Special Administrative Measures for Cross-border Service Trade in Hainan Free Trade Port (2021)
1. Agriculture, forestry, animal husbandry and fishery
1. Foreign individuals and overseas fishing vessels entering the waters under the jurisdiction of China to engage in fishery resource investigation activities must Approved by the Chinese government. If a treaty or agreement is concluded with China, it shall be handled in accordance with the treaty or agreement.
2. Construction
2. Overseas service providers are not allowed to provide construction and related engineering services.
3. Wholesale and retail
3. Overseas service providers are not allowed to directly sell veterinary drugs, feed, feed additives, and pesticides, and should be in China. Set up a sales agency within the country or entrust a qualified domestic agency for sales.
4. Overseas service providers shall not engage in the wholesale, retail, import and export of tobacco leaves and tobacco products in China.
4. Transportation, warehousing and postal industry
5. Only overseas service providers are allowed to engage in international transportation at ports open to overseas ships. Overseas service providers shall not operate domestic waterway transportation business, and shall not rent Chinese ships or Operating domestic waterway transportation business in disguised form such as space. Domestic waterway transport operators shall not use foreign Registered ships operate domestic waterway transportation business. However, in the country, it has not been able to meet the transportation requirements applied for. The requested Chinese nationality ship, and the port or water area where the ship calls is a port or water area open to the outside world. Under the circumstances of the Chinese government, with the permission of the Chinese government, domestic waterway transport operators can During the time limit or voyage, temporarily use foreign ships for transportation.
6. Except yachts, foreign ships enter and exit the Hainan Free Trade Port or navigate in its inland rivers, ports, or move For berthing, mooring points outside the port, loading and unloading stations, etc., applications should be made to the local pilotage agency. As in If there is another agreement between the country and the country where the ship’s registration belongs, the relevant provisions of the agreement shall be followed first.
7. Foreign individuals are not allowed to register as pilots.
8. Overseas service providers must participate in the salvage by signing a joint salvage contract with the Chinese salvager Ships and sunken objects in coastal waters. Ships and equipment required by overseas service providers to perform joint salvage contracts And labor services, under the same conditions, should be given priority to hire and hire Chinese salvagers.
9. Computer reservation system services, for cross-border delivery methods, only allow:
(1) Overseas computer reservation systemsmIf an agreement is entered into with China’s air transport companies and China’s computer reservation system, Connect with the National Computer Reservation System to provide services to Chinese air transport companies and Chinese air agents;
(2) The overseas computer reservation system can provide information to overseas aviation companies that have the right to operate under bilateral aviation agreements.
Representative offices or business offices established by transportation companies in China’s general aviation cities provide services;
(3) Air China. Exporting companies and sales agents of overseas air transport companies directly enter and use overseas computer reservation systems The system must be approved by the civil aviation authority of China.
10. Overseas service providers shall not engage in medium-scale services including air traffic control, communications, navigation and surveillance, aeronautical intelligence, etc. Civil aviation air traffic management services must not be engaged in civil aviation air traffic control or aeronautical information
Training Services.
11. Foreign individuals are not allowed to apply for the licenses of civil aviation intelligence officers and civil aviation air traffic controllers.
12. Conduct pilot license and level training for Chinese aviation operators, and complete the training for qualified pilots The overseas pilot school that returns to the country in accordance with the simplified procedure to obtain the corresponding pilot license of the civil aviation of China shall comply with Cooperation: (1) The host country is a signatory to the International Civil Aviation Convention, and the school has its civil aviation authority The aviation operation certificate or similar approval issued by the door; (2) Obtain the permission of the Chinese government.
13. Without the approval of the Chinese government, any foreign ship shall not operate the towage between Chinese ports in any way. Voyage.
14. The captain of a Chinese ship shall be a Chinese crew member.
15. Overseas international road transport operators shall not engage in road passenger transport services with origin and destination within the territory of China. camp.
16. Overseas service providers are not allowed to operate domestic express delivery services for letters.
17. Overseas service providers are not allowed to provide postal services.
5. Information transmission, software and information technology service industry
18. China implements a licensing system for telecommunications business operations. Only a company legally established within Only after obtaining a telecommunications business license can they engage in telecommunications business operations.
19. To engage in international communication business, you must pass the international communication established by the competent authority of China’s information industry. Entrance and exit bureau. The International Telecommunications Import and Export Bureau shall be applied by a wholly state-owned telecommunications business operator Set up, undertake the operation and maintenance work, and be established with the approval of the competent authorities of industry and information technology.
20. Overseas organizations or individuals are not allowed to conduct radio wave parameter testing or radio wave monitoring.
21. Overseas entities that provide communication satellite resource leasing services to entities within China shall comply with the Regulations on radio frequency management, and complete the prerequisites for satellite radio frequency coordination declared by China Under this, the communication satellite resources are leased to units with corresponding business qualifications in the country, and then the domestic satellite public The company sub-leases to domestic users and is responsible for technical support, marketing, user service and user supervision Wait. Foreign satellite companies are not allowed to directly operate satellite forwarding to domestic users without the approval of the Chinese government Rental business.
22. Overseas service providers shall not engage in Internet news information services or Internet public information release services.
23. If the requirements for establishing a commercial presence and related equity ratios are not met, overseas service providers shall not provide Internet Information search service.
6. Financial industry
24. Only within the territory of China, insurance companies established in accordance with Chinese laws and other laws and administrative regulations Insurance organizations may operate insurance business. Insurance services other than insurance brokers provided by way of overseas consumption The following insurance services provided by cross-border delivery are not subject to the above restrictions: reinsurance; international shipping Transportation, air transportation and transportation insurance; large-scale commercial insurance brokers, international shipping, air transportation and transportation insurance brokers and reinsurance broker.
25. Without the approval of the China Banking Regulatory Authority, overseas service providers shall not use cross-border delivery Banking financial institutions, financial asset management companies, trust companies, finance companies, financial leasing companies
Companies, consumer finance companies, auto finance companies, and those established with the approval of the China Banking Regulatory Agency Business activities of other financial institutions.
26. Only approved currency brokerage companies established in China can engage in currency brokerage business.
27. A limited liability company or company limited by shares established only in China, and a non-financial institution legal person Can apply for “Payment Business Permit” to engage in payment services for non-financial institutions.
28. Only securities companies established in China in accordance with Chinese laws can operate the following securities business upon approval: (1) Securities Discipline; (2) securities investment consulting; (3) financial advisors related to securities trading and securities investment activities; (4) Securities underwriting and sponsorship; (5) Securities margin financing and securities lending; (6) Securities market making and trading; (7) Securities self-operation; (8) Other His securities business.
29. The provision of services in the form of overseas consumption and the provision of the following services in the form of cross-border delivery are not subject to Article 28 Restrictions: (1) Approved overseas securities operation institutions that have obtained qualifications for domestically listed foreign shares (B shares) Institutions can sign agency agreements with domestic securities institutions, or other Method of engaging in domestically listed foreign stock brokerage business; (2) Obtaining domestically listed foreign stock business capital upon approval Qualified overseas securities institutions act as lead underwriters, deputy lead underwriters and international Affairs coordinator; (3) Approved qualified domestic institutional investors to carry out overseas securities investment business may To entrust an overseas securities service agency to buy and sell securities as an agent; (4) Approved qualified domestic institutional investors may Entrust qualified overseas investment consultants to invest in overseas securities; (5) Be entrusted by the custodian to be responsible The overseas asset custodian of the overseas asset custody business must meet the statutory requirements.
30. The following circumstances shall not be provided through cross-border delivery: (1) Fund management companies established only in accordance with Chinese law Or other institutions approved by the China Securities Regulatory Agency in accordance with regulations may act as public offering securities Managers of investment funds; (2) Only companies or partnerships established in China that meet statutory requirements Enterprises can apply for registration as a private equity fund manager; (3) Only establish in accordance with Chinese law and obtain securities investment Commercial banks with fund custody qualifications or other financial institutions approved by the China Securities Regulatory Agency Can act as the custodian of securities investment funds; (4) Approved qualified foreign institutional investors invest in domestic securities For securities futures, a domestic institution that meets the requirements shall be entrusted as the custodian to custody assets. Approved environment Domestic institutional investors should be responsible for asset custody by domestic commercial banks when conducting overseas securities investment business Business; (5) Only established in accordance with Chinese law and registered with the China Securities Regulatory Agency and its dispatched offices
Institutions (including public fund managers) qualified for the sales of public funds can engage in fund sales (6) Without approval or registration, domestic institutions and individuals shall not engage in the issuance and trading of overseas securities.
31. Securities business institutions established in accordance with Chinese law and other institutions engaged in consulting business may engage in Securities investment consulting business.
32. Futures companies established in China only in accordance with Chinese law can Commodity futures and financial futures business types issued licenses to operate the following futures businesses: domestic futures Brokerage business, overseas futures brokerage, futures investment consulting, and China’s futures regulatory agency regulations Other futures business. Only futures companies established in China under Chinese law can be subject to China’s futures supervision It is required by the management agency to engage in asset management business after registration and filing in accordance with the law.
33. Only commercial banks established in China can apply for the qualification of futures margin depository banks.
34. Unless otherwise specified by the China Securities Regulatory Agency or other relevant departments, domestic entities or individuals shall not Engage in overseas futures and other derivatives business; overseas entities or individuals shall not engage in domestic futures and other derivatives His derivatives business.
35. Only futures companies and other futures operating institutions established in accordance with Chinese law can engage in futures investment consulting business. Foreign individuals living in Hainan Free Trade Port can apply for futures investment consulting practice qualifications.
36. Corporate annuity legal person trustees, custodians, and investment managers shall be approved by China’s financial regulatory authorities Standard, and a Chinese legal person.
37. The enterprise annuity account manager shall be approved by the Chinese government and be a Chinese legal person.
38. Foreign companies or individuals may not become ordinary members of stock exchanges. Foreign companies or individuals cannot be Member of the futures exchange. Except for foreign individuals or countries employed in the Hainan Free Trade Port, there are other regulations Outside the contract, foreign companies or individuals are not allowed to apply for opening securities accounts or futures accounts. Hainan Free Trade
There shall be no more than one regional equity market operating institution established in Hong Kong, and the regional equity market shall not Provide services for the financing and transfer of private equity securities or equity of enterprises outside the Hainan Free Trade Port.
39. Overseas futures exchanges and other overseas institutions shall not designate or set up commodity futures delivery warehouses in ChinaWarehouses and other activities related to the delivery of commodity futures.
40. Overseas RMB business clearing banks, foreign central bank institutions (including foreign central banks (monetary authorities) and other Official reserve management institutions, international financial organizations, sovereign wealth funds) and people who meet certain conditions Foreign currency purchase and sale business can become an overseas member of China’s inter-bank foreign exchange market after applying for overseas participating banks. Participate in transactions in the inter-bank foreign exchange market.
7. Leasing and business service industry
41. Foreign law firms, other foreign organizations or individuals shall not use the representative offices of foreign law firms in China Engage in legal services in China under the name other than the law firm (Hainan Law Firm employs foreign law firms (Except for foreign legal advisers and Hong Kong and Macao lawyers serving as legal advisers).
42. Representative offices of foreign law firms in China and their representatives must not engage in Chinese legal affairs (foreign lawyers The representative office of the firm in Hainan is engaged in part of Hainan-related commercial non-litigation legal affairs). Abroad
Law firms’ representative offices in China shall not employ Chinese practicing lawyers; the ancillary personnel employed shall not be The parties provide legal services. Representatives of representative offices and their auxiliary staff shall not be “Question” to provide Chinese legal services to clients.
43. Representative offices of foreign law firms in China and their affiliated foreign law firms are not allowed to send staff in China China Law Firm is engaged in legal service activities.
44. Only notarial institutions established in China can engage in notarization services. Implementation of the establishment of notary institutions Total control. Only Chinese citizens who have passed the Chinese Judicial Examination or the Unified Legal Profession Qualification Examination Can serve as a notary.
45. Foreign individuals are not allowed to participate in the national uniform legal professional qualification examination to obtain a legal professional qualification certificate.
46. Only legal persons or other organizations established within the territory of China can apply to engage in judicial authentication services. only Chinese citizens may apply to engage in judicial authentication services.
47. Overseas service providers can only provide statutory audit services through commercial presence; overseas service providers They can only provide agency bookkeeping services through commercial presence.
48. Foreign organizations or individuals must not directly conduct social investigations, and must not pass without obtaining a foreign-related investigation license Of institutions conduct social surveys. The overseas service provider has been qualified and obtained a foreign-related investigation license Can conduct market research.
49. Overseas service providers are not allowed to provide human resources services (including but not limited to talent agency services, professional Intermediary services), it is not allowed to directly recruit laborers to work abroad.
50. Foreign individuals are not allowed to act as security guards to engage in security services, and overseas service providers can only use commercial deposits Provide security services in a way.
51. The organization of international program exchanges and trading activities must be approved by the Chinese radio and television The appointed unit undertakes. International film festivals (exhibitions) and national film festivals (exhibitions) with awards must be held
Approved by the Chinese film authority. With the approval of the Hainan Film Authority, a single country or Film screening activities in Hong Kong, Macau and Taiwan.
52. Foreign individuals are not allowed to apply for the National Tour Guide Qualification Examination.
8. Scientific research and technical service industry
53. Overseas service providers can provide urban planning services other than master planning, but they must cooperate with the Chinese professional Institutional cooperation. Urban design other than statutory planning and preliminary plan research of statutory planning can be Not subject to this restriction.
54. Overseas service providers provide preliminary design of construction projects other than plan design by cross-border delivery (Basic design), construction drawing design (detailed design), engineering and centralized engineering services, must be professional
Institutional cooperation.
55. Foreigners apply to participate in the unified national examination and registration of Chinese registered architects and foreign architects apply The implementation of registered architect business shall be handled in accordance with the principle of reciprocity.
56. Without approval, foreign organizations or individuals are not allowed to conduct surveys in the Chinese territory and other sea areas under Chinese jurisdiction. Mapping, meteorology, hydrology, earthquake and ecological environment monitoring, marine scientific research, laying of submarine cables and pipelines, natural Activities such as resource exploration and development.
9. Education
57. In addition to cooperating with Chinese education and examination institutions, overseas education service providers hold non-academic qualifications for the society
In addition to the educational examinations, no separate educational examinations may be held.
58. Overseas personal education service providers are invited by schools and other educational institutions in Hainan Free Trade Port or Employment, can enter the country to provide education services, must have a bachelor’s degree or above, and have a corresponding professional title Or certificate.
10. Health and social work
59. Foreign physicians who have obtained the legal right to practice medicine in foreign countries shall be invited, recruited or applied to come to China for clinical diagnosis,
For activities such as treatment business, the registration validity period does not exceed one year. If the registration period expires and needs to be extended, it can be
Re-registration is scheduled.
11. Culture, Sports and Entertainment Industry
60. Overseas service providers shall not engage in editing, editing, or editing of books, newspapers, periodicals, audiovisual products, and electronic publications.
Publishing and production businesses must not engage in online publishing (including online games) services. China’s entry into the WTO Except for promised content.
Press and publication cooperation projects between Chinese and foreign press and publishing units must be approved by the Chinese government and ensure that the Chinese side The management authority and the final review right of the content, and meet other conditions approved by the Chinese government. Online publishing Service units engaged in online publishing service business with domestic foreign-invested enterprises or overseas organizations or individuals Project cooperation should be reported to the Chinese government for approval in advance. Without approval, overseas service providers shall not
Copy audio-visual products and electronic publications.
61. The screening of movie films shall comply with the screening time of domestic and imported films as stipulated by the Chinese government. Between ratio. The annual length of the movie theater showing domestically produced films shall not be less than the sum of the annual movie lengths Two thirds. Overseas service providers are not allowed to engage in film introduction business.
62. For domestic feature films, cartoons, science and education films, documentaries, special films, etc., the main creators should generally be Chinese Citizen within the country. Due to the special needs of filming, foreign creative personnel can be hired upon approval, but the main actors are The employment of foreign protagonists and main supporting actors shall not exceed one third of the total number of main actors. External cooperation
Feature films, animated cartoons, documentaries, science and education films, etc., are produced by Chinese films due to the special needs of filming. The competent authority approves the employment of overseas chief creative personnel. Except for countries and regions that have special agreements In addition, the number of major foreign actors shall not exceed two-thirds of the total number of major actors. China implements a licensing system for foreign co-production films. Any unit in China has not obtained the approval document, It is not allowed to cooperate with overseas units to produce movies. Without approval, foreign units may not independently produce movies.
63. Overseas service providers must not engage in online audiovisual program services. The annual introduction of a single website is dedicated to The total amount of overseas movies and TV series disseminated on the information network shall not exceed the amount purchased and broadcast on the website in the previous year 30% of the total amount of domestic films and TV series. Introduce overseas films and televisions for information network dissemination Dramas and other audiovisual programs must be reviewed and approved by the radio and television administration department at or above the provincial level.
64. Overseas movies and TV series broadcast by radio stations and TV stations must be approved by the China Radio and Television Administration Department review and approval. For other overseas radio and television programs broadcast by radio stations and television stations, it must It has been reviewed and approved by China’s radio and television administrative department or an agency authorized by it. Radio stations, TV stations The import and rebroadcast of overseas radio and television programs by means of transmission such as satellites must be approved by the China Radio and Television Administration Department approval. China regulates and plans the introduction of overseas film and television dramas. Introduce overseas film and television dramas and
The introduction of other overseas TV programs by satellite transmission shall be declared by the designated unit. Broadcast introduced according to regulations The overseas radio and television programs must comply with relevant time ratios, time slots, and other regulations.
65. Overseas service providers are not allowed to engage in the import business of online cultural products across borders. China’s accession to the WTO Except for promised content.
66. Overseas service providers are not allowed to offer radio and television video-on-demand services, but three-star or above or equivalent Except for hotels and restaurants above three-star level. To engage in radio and television video-on-demand business should obtain the “Radio “License for TV and Video-on-Demand Services” Programs used for broadcast and TV video on demand should be based on domestic festivals. The main purpose. The Chinese government implements an approval system for the landing of overseas satellite channels.
67. Overseas service providers are not allowed to engage in the production and operation of radio and television programs (including the introduction of business) services, but the
Approved, domestic radio and television program production institutions can cooperate with overseas institutions and individuals to produce television dramas (including TV cartoon). The main creators (screenwriter, producer, director, main Actors) The Chinese personnel shall not be less than 25%. Hiring foreign individuals to participate in the domestic radio and television program system It is subject to examination and approval by the radio and television administrative department.
68. Foreign cultural performance groups and individuals are not allowed to hold commercial performances on their own, but can participate in Commercial performances organized by performance agencies in China, or invited by cultural and artistic performance groups in China Participating in commercial performances organized by the cultural and artistic performance group must be approved by the cultural and tourism administration department approve. Foreign individuals are not allowed to engage in intermediary or agency activities for commercial performances.
69. Overseas service providers are not allowed to engage in news services, including but not limited to news agencies, newspapers, periodicals, News services provided by radio and television stations, but (1) approved by the Chinese government, overseas news organizations It is possible to set up a resident news agency to only engage in news reporting and send resident reporters to China; (2) Jingzhong Under the approval of the Chinese government and under the conditions of ensuring the Chinese leadership, Chinese and foreign news organizations can conduct specific business Cooperation. With the approval of the Chinese government, overseas news agencies can provide approved specific news within China Business, for example, feeds to domestic news agencies.
70. Overseas service providers shall not engage in the business of conducting social and artistic level examination activities.