China

China

Releasing 2020 Negative List for market access

16 Dec 2020

On 16 December 2020, the National Development and Reform Commission and the Ministry of Commerce unveiled the Market Access Negative List (2020), with immediate effect. Compared with the 2019 version, the new list has been shortened to 123 items from 131 last year – relaxing requirements in sectors, such as oil and gas, resource management, and trading and financial services. Distinct from the Negative List for Foreign Investment Access, the Market Access Negative List standardizes market entry rules for all players (domestic or foreign), including state-owned firms, private companies, joint-ownership firms, and foreign firms. The Market Access Negative List includes two categories: prohibited and restricted markets. For the prohibited market list, market players are forbidden from engaging in these industries, fields, and businesses – whether it be in the form of investments, partnerships, or takeovers. Market players wishing to enter “restricted” categories must do so by filing an application for access to the relevant administrative organs as per the laws and regulations. Finally, for sectors outside of the list, market players can access them on an equal footing in accordance with the law.