Implementation Measures for the National Uniform Legal Profession Qualification Examination (2018), Article 9;
Administrative Measures for the Practice of Law by Lawyers (2016);
Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021), Article 16
Lawyers Law of the People’s Republic of China (2017）；
Administrative Measures for the Practice by Notarization Institutions (2006）；
Administrative Measures for the Practices of Notaries Public (2006);
Notary Law of the People's Republic of China（2017）；
Decision of the Standing Committee of the National People's Congress on the Administration of Forensic Identification and Evaluation（2015）;
Administrative Measures for the Registration of Judicial
Authentication Institutions (2005);
Administrative Measures for the Registration of Judicial Authenticators (2005);
Regulations on Patent Agency (2018);
Administrative Measures for the Establishment of Resident Representative Offices in China by Foreign Patent Agencies (2022), Article 14 and Article 16 .
Description: Investment and Cross-border Trade in Services
1. Foreign investors or foreign service suppliers may not invest or engage in the affairs on Chinese law (1).
2. Foreign nationals may not take the National Uniform Legal Profession Qualification Examination, obtain the Chinese legal practitioner qualification, or become partners of Chinese law firms.
3. A foreign law firm may enter into China only in the form of a representative office; no foreign law firm, other foreign organization or individual may render legal services within the territory of China in other name except for in the name of its representative office in China; the establishment of representative office and dispatch of representatives by a foreign law firm are subject to the approval of the administrative department of justice of China. A representative in a representative office of foreign law firm shall reside within the territory of China for a period not less than 6 months every year.
4. Foreign lawyers are not allowed to prepare and attend commercial arbitration, conciliation and mediation proceedings as representatives within the territory of China. Foreign lawyers are not allowed to provide legal services on a temporary fly-in, fly-out basis.
5. Representative offices of foreign law firms may not employ lawyers licensed to practice Chinese law, and the supporting personnel employed by such representative offices may not provide legal services to any concerned party. None of representative and the supporting personnel of a representative office may provide services in relation to Chinese law as a “Chinese legal consultant”.
6. Only notarization institutions that established in the territory of China may engage in notarization (1) services. A control of total number shall be adopted for the establishment of notarization institutions.
Only natural person with nationality of the People’s Republic of China may be a notary.
7. Only a juridical person or any other organization that established in the territory of China may apply for engaging in judicial authentication (2). Only Chinese citizens may apply for engaging in judicial authentication.
8. For the purpose of this entry, no representative office or any law firm that establishes representative offices may:
(a) invest in any Chinese law firm, whether directly or indirectly;
(b) operate on an associated basis with any Chinese law firm or Chinese lawyer with which they share profits or risks;
(c) establish joint office with any Chinese law firm or dispatch personnel to be engaged in legal services in any Chinese law firm; or
(d) manage, operate control or enjoy equity interests in any Chinese law firm;
9. The establishment of a resident representative office in China by a foreign patent agency must be subject to the approval of the Patent administration department. The resident representative office in China by a foreign patent agency may not engage in or in other name engage in Chinese patent affairs. The resident representative office in China by a foreign patent agency may not employ Chinese patent agents who have been permitted practice for filing.
Annex I Entry 10 –Market Investigation and Social Investigation
Sector: Market Investigation and Social Investigation
Obligations Concerned: National Treatment (Article 11.2 and Article 8.2) Market Access (Article 8.4)
Level of Government: Central
Measures: Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021), Article 17, Article 18;
Regulation on the Implementation of the Statistics Law of the People's Republic of China (2017）；
Statistics Law of the People’s Republic of China (2009）；
Measures for the Administration of Foreign-related Investigation (2004）.
Description: Investment and Cross-border Trade in Services
1. Foreign investors may not invest in social investigation (1).
2. Investments by foreign investors in market investigation (2) may be made only in the form of EJV.
3. Foreign service suppliers providing market or social investigation in China shall conduct it through an institution which is licensed for foreign-related investigation (1).
Annex I Entry 11–Professional Technical Services
Sector: Professional Technical Services
Obligations Concerned: National Treatment (Article 11.2)
Level of Government: Central
Measures: Surveying and Mapping Law of the People's Republic of China (2017), Article 8;
Interim Measures for the Administration of the Surveying and Mapping Conducted by Foreign Organizations or Individuals in China (2019 Amended), Article 7;
Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021), Article 21.
Description: Investment
Foreign investors may not invest in the following business: geodetic survey, hydro graphic survey, aerial photography for mapping, ground moving survey, administrative boundary survey; compilation of topographic maps, world administrative district maps, national administrative district maps, provincial and lower administrative district maps, national teaching maps, local teaching maps, true three- dimensional maps and digital navigation maps; regional geological mapping, survey of mineral geology, geophysics, geochemistry, hydrogeology, environmental geology, geological disasters or remote sensing geology, etc ( a mining right holder that conducts work to the extent of its mining right shall be exempt from the special administrative measure).
Annex I Entry 12 – Education
Sector: Education
Obligations Concerned: National Treatment (Article 11.2) Senior Management and Boards of Directors (Article 11.9)
Level of Government: Central
Measures: Education Law of the People's Republic of China（2016）, Article 21, 22, 23, 25, 70, 85；
Regulation of the People's Republic of China on Chinese-foreign Cooperative School Running (2013), Article 6, 7, 21, 23, 25, 35, 38, 42, 43, 44, 48, 62;
Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021), Article 22, Article 23;
Catalog of Encouraged Industries for Foreign Investment (2022), Article 502.
Description: Investment
1. Foreign education institutions, other organizations or individuals may establish schools or other educational institutions only in the form of Sino-foreign cooperative educational institutions mainly targeted at Chinese citizens.
2. Sino-foreign cooperative educational institutions may not engage in compulsory education and special education services such as military, police, political education.
3. Foreign religious organizations, foreign religious institutions, foreign religious colleges or schools, or religious teaching personnel may not engage in cooperative school running activities within the territory of China. Sino-foreign cooperative educational institutions may not provide religious education or carry out religious activities.
4. Establishing preschools, general senior high schools and higher education institutions shall be made only in the form of Sino-foreign cooperative educational institutions, which requires the Chinese party to be in the leading position (the president or the principal administrator of a Sino-foreign cooperatively-run educational institution must be a person with Chinese nationality; the board of trustees, board of directors or the joint management committee shall consist of no less than half of the members from the Chinese party.
5. Foreign investors may not invest in educational accreditation services.
Annex I Entry 13 – Examination Services
Sector: Education services
Obligations Concerned: Market Access (Article 8.4) National Treatment (Article 11.2 and Article 8.2)
Level of Government: Central
Measures: Interim Measures for the Administration of Examinations for Educational Purposes Held Jointly by Chinese and Foreign Institutions (1996), Article 2, 3, 5, 11；
Notice of the Ministry of Labor and Social Security on Strengthening the Administration of Introducing Foreign Professional Qualification Certificates (1998).
Description: Investment and Cross-border trade in services
1. Upon approval of Chinese government, foreign institutions may engage in educational testing services for purposes other than academic credentials in the form of cooperation with Chinese institutions designated by Chinese government.
2. Foreign investors or foreign service suppliers shall cooperate with Chinese professional qualification certificate institutions, relevant industry organizations, social organizations or other corresponding institutions to carry out professional qualification examinations and certificate granting activities.
Annex I Entry 14 – Medicine
Sector: Medicine
Obligations Concerned: National Treatment (Article 11.2)
Level of Government: Central
Measures: Interim Measures for the Administration of Sino-foreign Equity Joint and Cooperative Joint Medical Institutions (2000), Article 2;
Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021), Article 19, Article 24.
Description: Investment
1. Investments by foreign investors in medical institutions may be made only in the form of EJV.
2. Foreign investors may not invest in the development and application of human stem cells, or the development and application of genetic diagnosis or treatment technology (1).
Annex I Entry 15 – Facilities of Satellite Television Broadcasting
Sector: Radio and Television
Obligations Concerned: National Treatment (Article 11.2 and Article 8.2) Market Access (Article 8.4)
Level of Government: Central
Measures: Rules for the Administration of Ground-Based Receiving Equipment for Satellite Television Broadcast（s Issued in 1993, Amended in 2018), Article 3, Article 4；
Interim Measures for the Installation of Ground Receiving Facilities of Satellite Television Broadcasting（Issued in 2009, Amended in 2015), Article 4, Article 5；
Special Administrative Measures (Negative List) for the Access of Foreign Investment (2020), Article 9.
Description: Investment and Cross-Border Trade in Services
Foreign investors and foreign service suppliers may not invest or engage in the manufacture of ground receiving facilities for satellite television and broadcast and key components thereof, and the installation services for ground receiving facilities of satellite television broadcasts.
Annex I Entry 16– All Sectors
Sector: All Sectors (1)
Obligations Concerned: National Treatment (Article 11.2)
Level of Government: Central
Measures: Regulation for Implementing the Foreign Investment Law of the People's Republic of China (2019), Article 34.
Description: Investment
The license, enterprise registration, or any other relevant matters shall not be granted if a foreign investor proposes to invest in sectors covered by the Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021) (2) but not in compliance with the requirements listed in it; nor the project approval for an investment in fixed assets should be issued.
Annex I Entry 17 – All Sectors
Sector: All Sectors
Obligations Concerned: National Treatment (Article 11.2)
Level of Government: Central
Measures: Regulation of the People’s Republic of China on the Administration of Foreign Exchange (2008), Article 16, Article 23;
Notice of the State Administration of Foreign Exchange on Reforming and Regulating Policies on the Administration over Foreign Exchange Settlement of Capital Accounts (2016);
Guiding Opinions on Regulating the Asset Management Business of Financial Institution (2018).
Description: Investment
After completing the foreign exchange registration for foreign direct investment, foreign-invested enterprises shall, according to the nature of the transaction, open designated foreign exchange accounts under direct investment at the banks directly, including capital accounts and asset liquidation accounts. Capitals of foreign- invested enterprises and Renminbi funds gained through the settlement of foreign exchange shall not be invested directly or indirectly in securities or wealth management products, or used for issuance of loans to unrelated enterprises (except as otherwise explicitly specified in the business scope of the enterprise), or the construction or purchase of real estate that is not for self-use (real estate enterprises not included).
Annex I Entry 18 – All Sectors
Sector: All Sectors
Obligations Concerned: National Treatment (Article 11.2)
Level of Government: Central
Measures: Law of the People's Republic of China on Sole Proprietorship Enterprises (2000) , Article 47;
Law of the People's Republic of China on Specialized Cooperatives of Farmers (2017), Article 2, 3, 4, 19;
Regulation on Promoting Individual Industrial and Commercial Households , Article 2;
Special Administrative Measures (Negative List) for the Access of Foreign Investment (2021), Note 2.
Description: Investment
Foreign investors may not carry out business operations in China in the forms of individual business entities or individual sole proprietorship enterprises, or as members of specialized cooperatives of farmers.
Annex I Entry 19 – Atomic Energy
Sector: Atomic Energy
Obligations Concerned: National Treatment (Article 11.2)
Level of Government: Central
Measures: Regulation of the People's Republic of China on the Control over Nuclear Exports (2006 Amended), Article 2, Article 6;
Special Administrative Measures for Market Access of Foreign Investment (Negative List) (2021), Article 5, Article 8.
Description: Investment
1. Chinese control is required for investment by foreign investors in construction or operation of nuclear power stations.
2. Foreign investors may not invest in the exploration, mining, beneficiation, metallurgy, purification, transformation, isotope separation of radioactive mineral resources, or invest in nuclear fuel production and processing, or engage in nuclear export businesses for materials and items listed in the Nuclear Export Control List.
Annex I Entry 20– Accounting，Auditing and Bookkeeping Services
Sector: Accounting，Auditing and Bookkeeping Services
Obligations Concerned: Local Presence (Article 8.5)
Level of Government: Central
Measures: Accounting Law of the People's Republic of China（2017）；