Explanation
1.The “Special Administrative Measures for Cross-border Trade in Services (Negative List)” (hereinafter referred to as the “Cross-border Service Trade Negative List”) uniformly lists special administrative measures in aspects such as national treatment, market access, local presence, and cross-border trade in financial services for overseas service providers providing services through cross-border means (via cross-border delivery, consumption abroad, and movement of natural persons modes). For areas not included in the “Cross-border Service Trade Negative List”, management is implemented according to the principle of consistent treatment for domestic and foreign services and service providers.
2.For overseas service providers providing services through commercial presence, the relevant provisions of the “Special Administrative Measures for Foreign Investment Access (Negative List)” apply. For consistent management measures for domestic and foreign service providers, the relevant provisions of the “Market Access Negative List” apply.
3.Overseas service providers are not allowed to provide services prohibited in the “Cross-border Service Trade Negative List” through cross-border means; for non-prohibited services within the “Cross-border Service Trade Negative List” provided through cross-border means, management is carried out according to corresponding regulations.
4.Measures related to national security, public order, financial prudence, social services, biological resources, humanities and social sciences research and development, new cultural formats, cultural relics protection, aviation business rights, immigration and employment measures, and government exercise of functions that are not listed in the “Cross-border Service Trade Negative List” shall be implemented in accordance with current regulations.
5.Where there are more favorable arrangements for cross-border service trade with overseas service providers from Hong Kong, Macao, and Taiwan, or where international treaties and agreements concluded or participated in by China have more favorable provisions for overseas service providers engaging in cross-border service trade, these may be implemented according to the corresponding provisions. Where the state implements more favorable opening-up measures for qualified overseas service providers engaging in cross-border service trade in special economic zones such as free trade zones and Hainan Free Trade Port, these shall be implemented in accordance with relevant regulations.
6.The Ministry of Commerce, together with relevant departments, is responsible for the interpretation of the “Cross-border Service Trade Negative List”.
Special Administrative Measures (Negative List) for Cross-Border Service Trade (2024 Edition)
| No. | Special Administrative Measures |
| I. Agriculture, Forestry, Animal Husbandry, and Fishery | |
| 1 | Without the approval of the Chinese government, foreign individuals and foreign fishing vessels are not allowed to enter waters under China’s jurisdiction to engage in fishery resource survey activities. If there is a treaty or agreement with China, it shall be handled according to the treaty or agreement. |
| II. Construction Industry | |
| 2 | Foreign service providers are not allowed to provide construction and related engineering services. |
| III. Wholesale and Retail Trade | |
| 3 | Foreign service providers are not allowed to sell veterinary drugs, feed, feed additives, or pesticides directly and must set up sales agencies within China or commission qualified Chinese domestic agents to sell. |
| 4 | Foreign service providers are not allowed to engage in the wholesale, retail, import, or export of tobacco leaves, tobacco products (including new tobacco products such as e-cigarettes) domestically. |
| 5 | Foreign individuals are not allowed to apply for the auctioneer qualification examination. |
| IV. Transportation, Storage, and Postal Services | |
| 6 | Foreign service providers are only allowed to engage in international transportation at ports open to foreign vessels; otherwise, they are not allowed to engage in domestic waterway transportation (including towing) or operate domestic waterway transportation through leasing Chinese-flagged vessels or cabin spaces. Domestic waterway transportation operators are not allowed to use foreign-flagged vessels for domestic waterway transportation. However, if there is no Chinese-flagged vessel available to meet the transportation requirements, and the port or waterway where the vessel is docked is an open port or waterway, domestic waterway transportation operators may temporarily use foreign-flagged vessels for transportation with the permission of the Chinese government within the period or voyages specified by the Chinese government. |
| 7 | Foreign-flagged vessels navigating, anchoring, or shifting in marine pilotage areas designated by the Ministry of Transport of China, as well as navigating in inland rivers, must apply for pilotage from Chinese pilotage institutions, except where exemptions are provided by the Ministry of Transport of China with the approval of the State Council. If there is an agreement between China and the country where the ship is registered, the relevant agreement shall be observed first. |
| 8 | Foreign individuals are not allowed to register as pilots (except for Hong Kong individuals registered as pilots working in the waters of Dapeng Bay, Shenzhen). |
| 9 | Foreign service providers must participate in the salvage of sunken ships and objects in coastal waters by signing a joint salvage contract with Chinese salvors. Foreign service providers must prioritize leasing and employing Chinese salvors for the ships, equipment, and labor required to perform the joint salvage contract under the same conditions. |
| 10 | Foreign ship inspection agencies that have not established ship inspection companies in China are not allowed to send personnel or employees to carry out ship inspection activities in China. Certificates, reports, and other documents issued within China are invalid. |
| 11 | Computer reservation system services must not provide cross-border delivery services except in the following ways: (1) Foreign computer reservation systems may provide services to Chinese air transport enterprises and Chinese air agents through agreements with Chinese computer reservation systems; (2) Foreign computer reservation systems may provide services to foreign air transport enterprises with the right to operate under bilateral air agreements and have established representative offices or business offices in cities with air routes in China; (3) The sales agents of Chinese air transport enterprises and foreign air transport enterprises must obtain approval from the Civil Aviation Administration of China to directly enter and use foreign computer reservation systems. |
| 12 | Foreign service providers are not allowed to engage in China’s civil aviation air traffic management services, including air traffic control, communication, navigation monitoring, flight information, etc., nor are they allowed to engage in civil aviation air traffic control or aeronautical information training services. |
| 13 | Foreign individuals are not allowed to apply for a civil aviation information officer or civil aviation air traffic controller license. |
| 14 | Foreign pilot schools that conduct pilot license and rating training for Chinese aviation operators and complete training for pilots who return to China to obtain a corresponding Chinese civil aviation pilot license through a simplified procedure must meet the following conditions: (1) The country of origin is a signatory to the International Civil Aviation Convention, and the school has an air operator certificate or similar approval issued by the civil aviation authority of its country of origin; (2) Obtained permission from the Chinese government. |
| 15 | The captain of a Chinese-flagged ship must be a Chinese crew member. |
| 16 | Foreign international road transport operators are not allowed to engage in road transport operations with both the starting and ending points within China. |
| 17 | Foreign service providers are not allowed to engage in domestic express mail business. |
| 18 | Foreign service providers are not allowed to provide postal services. |
| V. Information Transmission, Software, and Information Technology Services | |
| 19 | China implements a licensing system for telecommunications business operations. Companies not lawfully established in China or that have not obtained a telecommunications business license are not allowed to engage in telecommunications business activities. |
| 20 | International communications gateway bureaus not approved and established by the Chinese telecommunications authorities are not allowed to engage in international communications business. Non-state-owned telecommunications business operators are not allowed to apply to set up international communications gateway bureaus or undertake the operation and maintenance of international communications gateway bureaus. Without approval from Chinese telecommunications authorities, international communications gateway bureaus cannot be set up. |
| 21 | Foreign organizations or individuals are not allowed to conduct radio parameter testing or radio monitoring. |
| 22 | Foreign entities providing satellite communication resource leasing services to Chinese entities must comply with China’s satellite radio frequency management regulations and complete satellite radio frequency coordination declared by China. Foreign entities are not allowed to lease satellite communication resources to domestic entities that do not have relevant operational qualifications or have not obtained radio frequency use permits. Foreign satellite companies are not allowed to directly lease satellite transponders to domestic users without Chinese government approval. Non-domestic satellite companies are not allowed to sublease satellite communication resources to domestic user units or be responsible for technical support, market marketing, user services, and user supervision. |
| 23 | Foreign service providers are not allowed to engage in internet news information services, internet religious information services, or internet public information posting services. |
| 24 | Foreign service providers who do not meet the requirements for establishing a commercial presence and related equity ratio requirements are not allowed to provide internet information search services. |
| VI. Financial Industry | |
| 25 | Without the approval of China’s insurance regulatory agency, foreign service providers are not allowed to provide insurance services through cross-border delivery, except for reinsurance, international maritime, air, and transport insurance, large commercial insurance brokerage, international maritime, air, and transport insurance brokerage, and reinsurance brokerage; foreign service providers are not allowed to provide insurance brokerage services through overseas consumption. |
| 26 | Without the approval of China’s banking regulatory agency, foreign service providers are not allowed to engage in business activities of banking financial institutions, financial asset management companies, trust companies, finance companies, financial leasing companies, consumer finance companies, auto finance companies, money brokerage companies, and other financial institutions established with the approval of the Chinese banking regulatory agency through cross-border delivery. |
| 27 | Without approval, foreign service providers are not allowed to provide non-financial institution payment services through cross-border delivery. Foreign institutions are prohibited from engaging in bank card clearing business without approval. Foreign institutions are generally not required to set up bank card clearing institutions domestically if they only provide foreign currency bank card clearing services for cross-border transactions. However, exceptions apply where they significantly impact the stable operation of the domestic bank card clearing system or public payment confidence. |
| 28 | Securities companies not established in China according to Chinese law or without approval are not allowed to engage in the following securities businesses: (1) Securities brokerage; (2) Securities investment consulting; (3) Financial advisory services related to securities trading and investment activities; (4) Securities underwriting and sponsorship; (5) Securities margin trading; (6) Securities market making; (7) Proprietary trading; (8) Other securities businesses. Services provided through overseas consumption and the following services provided through cross-border delivery are not subject to the above restrictions: (1) Foreign securities firms approved to obtain the qualification for foreign shares (B shares) listed on the domestic stock exchange can engage in brokerage business for foreign shares listed on the domestic stock exchange through agency agreements with domestic securities firms or other methods prescribed by the stock exchange; (2) Foreign securities firms approved to obtain the qualification for foreign shares listed on the domestic stock exchange can act as the lead underwriter, co-underwriter, and international coordinator for foreign shares listed on the domestic stock exchange; (3) Qualified domestic institutional investors approved to engage in overseas securities investment business can entrust foreign securities service institutions to act as agents for buying and selling securities; (4) Qualified domestic institutional investors approved to entrust qualified foreign investment advisors to conduct overseas securities investment; (5) Custodians responsible for overseas asset custody business entrusted by trustees must meet legal conditions. |
| 29 | The following circumstances are not allowed to be provided through cross-border delivery: (1) Only fund management companies established under Chinese law or other institutions approved by the China Securities Regulatory Commission can serve as the managers of public offering securities investment funds; (2) Only companies or partnerships established in China that meet legal conditions can apply for registration as private equity fund managers; (3) Only commercial banks established under Chinese law and qualified for securities investment fund custody or other financial institutions approved by the China Securities Regulatory Commission can serve as custodians of securities investment funds; (4) Qualified foreign institutional investors approved to invest in domestic securities futures must entrust qualified domestic institutions to act as custodians of assets; Qualified domestic institutional investors approved to engage in overseas securities investment business must entrust domestic commercial banks to be responsible for asset custody business; (5) Only institutions established under Chinese law and registered by the China Securities Regulatory Commission and its dispatched agencies that have obtained the qualification for public fund sales business (including public fund managers) can engage in fund sales business; (6) Domestic institutions or individuals not approved or registered are not allowed to engage in the issuance or trading of overseas securities. |
| 30 | Securities firms or other consulting institutions not established according to Chinese law or without approval are not allowed to engage in securities investment consulting business. Except where otherwise specified, individuals without Chinese nationality are not allowed to engage in securities investment consulting business. |
| 31 | Futures companies not established in China according to Chinese law or without approval are not allowed to engage in the following futures businesses: (1) Futures brokerage; (2) Futures trading consulting; (3) Futures market making; (4) Other futures businesses. Only futures companies established under Chinese law can engage in asset management services after filing for registration in accordance with the requirements of China’s futures regulatory agency. |
| 32 | Commercial banks not established in China are not allowed to apply for the qualification of futures margin deposit banks. |
| 33 | Except where otherwise specified, domestic entities or individuals engaging in overseas futures trading must entrust domestic futures firms qualified for overseas futures brokerage business to conduct it; except where otherwise specified, foreign entities or individuals are not allowed to engage in domestic futures trading. |
| 34 | Futures companies or other futures firms not established under Chinese law are not allowed to engage in futures trading consulting business. Except where otherwise specified, individuals without Chinese nationality are not allowed to engage in futures trading consulting business. |
| 35 | Foreign service providers not approved by Chinese financial regulatory authorities and not registered as independent legal entities in China are not allowed to apply to the Ministry of Human Resources and Social Security to engage in corporate annuity trustee institutions, account managers, custodians, or investment managers. |
| 36 | Foreign enterprises or individuals are not allowed to become ordinary members of securities exchanges. Foreign enterprises or individuals are not allowed to become members of futures exchanges. Except where otherwise specified by the Chinese government, foreign enterprises or individuals are not allowed to apply to open securities accounts or futures accounts. |
| 37 | Foreign futures exchanges and other foreign institutions are not allowed to designate or establish commodity futures delivery warehouses in China or engage in other activities related to commodity futures delivery. |
| 38 | Foreign institutions are not allowed to participate in the interbank foreign exchange market transactions, except in the following situations: (1) Foreign RMB business clearing banks, foreign central bank-type institutions (including foreign central banks (monetary authorities) and other official reserve management institutions, international financial organizations, sovereign wealth funds), and foreign participating banks qualified for RMB purchase and sale business can apply to become foreign members of the Chinese interbank foreign exchange market to participate in interbank foreign exchange market transactions; (2) Foreign institutional investors investing in the Chinese bond market can participate in interbank foreign exchange market transactions through the prime brokerage model. Foreign bank institutional investors can also directly participate in interbank foreign exchange market transactions; (3) Other foreign institutions approved by the People’s Bank of China and the State Administration of Foreign Exchange can participate in interbank foreign exchange market transactions. |
| 39 | Without approval, foreign credit reporting agencies are not allowed to operate credit reporting business domestically. |
| VII. Leasing and Business Services | |
| 40 | Foreign law firms, foreign organizations, or individuals are not allowed to engage in Chinese legal affairs or provide legal services in China under names other than foreign law firms’ representative offices in China. |
| 41 | Representative offices of foreign law firms in China and their representatives are not allowed to engage in Chinese legal affairs. Foreign law firms’ representative offices in China are not allowed to hire Chinese practicing lawyers; auxiliary personnel employed are not allowed to provide legal services for clients. Representatives and auxiliary personnel of representative offices are not allowed to provide Chinese legal services to clients under the title of “Chinese legal consultant.” Foreign law firms’ representative offices in China and their affiliated foreign law firms are not allowed to send personnel to Chinese law firms to engage in legal services activities. |
| 42 | Foreign organizations or individuals are not allowed to engage in notarization business. The establishment of notary offices is subject to total quantity control. Foreign individuals are not allowed to serve as notaries. |
| 43 | Foreign individuals are not allowed to take the national unified legal professional qualification examination to obtain a legal professional qualification certificate. |
| 44 | Foreign legal persons or other organizations are not allowed to apply to engage in forensic examination business. Foreign individuals are not allowed to apply to engage in forensic examination business. |
| 45 | Foreign service providers are not allowed to provide statutory audit services through means other than commercial presence. Foreign service providers are not allowed to provide bookkeeping services through means other than commercial presence. |
| 46 | Operating entities established outside China, as well as foreign individuals, are not allowed to engage in customs declaration business. |
| 47 | Foreign organizations or individuals are not allowed to conduct market research and social surveys directly or through institutions that have not obtained a foreign-related survey license. |
| 48 | Foreign service providers are not allowed to provide human resources services (including but not limited to talent agency services, employment agency services), nor are they allowed to directly recruit labor personnel in China to work abroad. |
| 49 | Foreign service providers that have not been licensed to establish security service companies in China are not allowed to provide security services. Foreign individuals are not allowed to serve as security personnel to engage in security services. |
| 50 | Without approval, foreign organizations or individuals are not allowed to host international program exchanges or trading activities, nor are they allowed to host Sino-foreign film festivals. |
| 51 | Foreign individuals are not allowed to take the national tour guide qualification examination. |
| VIII. Scientific Research and Technical Services | |
| 52 | Foreign service providers may provide urban planning services other than general planning, but must cooperate with Chinese professional institutions. City design outside statutory planning and preliminary scheme research of statutory planning preparation is not subject to this restriction. |
| 53 | Foreign service providers providing preliminary design (basic design), construction drawing design (detailed design), and engineering and centralized engineering services for construction projects, except for scheme design, must cooperate with Chinese professional institutions. |
| 54 | Foreigners applying to participate in China’s national unified examination for registered architects and registration, as well as foreign architects applying to perform registered architect business, shall be handled on a reciprocal basis. |
| 55 | Without approval, foreign organizations or individuals are not allowed to engage in surveying, meteorology, hydrology, seismology, ecological environment monitoring, marine scientific research, marine environment investigation and measurement, underwater exploration and survey, laying submarine cables and pipelines, natural resource exploration and development, and other activities in Chinese territories and other areas under Chinese jurisdiction. |
| 56 | Foreign individuals are not allowed to apply for the following qualification examinations: (1) Asset appraiser qualification examination; (2) Real estate appraiser professional qualification examination; (3) Mining rights appraiser professional qualification examination; (4) Registered surveyor qualification examination; (5) Registered urban planner professional qualification examination; (6) Registered engineer qualification examination for surveying and design; (7) Registered supervision engineer examination. |
| IX. Education | |
| 57 | Foreign educational service providers are not allowed to independently host educational examinations, except for cooperating with Chinese educational examination institutions to hold non-degree educational examinations for the public. |
| 58 | Foreign individual educational service providers who are not invited or employed by Chinese schools and other educational institutions, do not have a bachelor’s degree or higher, corresponding professional titles or certificates, and two years of professional work experience, are not allowed to enter the country to provide educational services. |
| X. Health and Social Work | |
| 59 | Foreign physicians are not allowed to engage in clinical diagnosis and treatment activities in China without approval. |
| 60 | Foreign individuals are not allowed to apply for the veterinary practice qualification examination, registration, or filing. |
| XI. Culture, Sports, and Entertainment | |
| 61 | Foreign service providers are not allowed to engage in the editing, publishing, and production of books, newspapers, periodicals, audio-visual products, and electronic publications, nor are they allowed to engage in online publishing (including online games) services. China’s commitments upon accession to the WTO are excluded. Cooperation projects involving news publishing between Chinese and foreign news publishing units must be approved by the Chinese government, ensuring China’s operational leadership and final approval rights over content, and complying with other conditions approved by the Chinese government. Cooperation in online publishing service projects between online publishing service units and foreign-invested enterprises or foreign organizations and individuals must be approved by the Chinese government in advance. Without review and approval, foreign service providers are not allowed to reproduce audio-visual products or electronic publications. |
| 62 | Films should be screened according to the time ratio of domestic films to imported films stipulated by the Chinese government. The annual screening duration of domestic films in cinemas must not be less than two-thirds of the total annual screening duration. Foreign service providers are not allowed to engage in film import business. |
| 63 | The main creative personnel of domestic feature films, animated films, science and education films, documentaries, and special films are generally required to be Chinese citizens. For special shooting needs, foreign main creative personnel can be hired upon approval, but foreign leading actors and main supporting actors hired must not exceed one-third of the total number of main actors. For cooperative productions of feature films, animated films, documentaries, and science and education films, foreign main creative personnel can be hired with the approval of the Chinese film regulatory authorities for special shooting needs. Except for countries and regions with specific agreements, the number of foreign leading actors must not exceed two-thirds of the total number of main actors. China implements a licensing system for co-production of films with foreign parties. Domestic legal persons and other organizations that have not obtained approval documents are not allowed to cooperate with foreign organizations in the co-production of films. Without approval, foreign organizations are not allowed to independently shoot films in China. |
| 64 | Foreign service providers are not allowed to engage in online audio-visual program services. The total amount of foreign films and TV dramas specifically introduced for information network dissemination on a single website in a year must not exceed 30% of the total amount of domestic films and TV dramas purchased and broadcast on the website in the previous year. Foreign films, TV dramas, and other audio-visual programs introduced for information network dissemination must be approved by radio and television administrative departments at or above the provincial level. |
| 65 | Foreign films and TV dramas broadcast on radio stations and TV stations must be approved by Chinese radio and television administrative departments. Other foreign radio and television programs broadcast on radio stations and TV stations must be approved by Chinese radio and television administrative departments or authorized agencies. The import and retransmission of foreign radio and television programs via satellite or other transmission methods must be approved by Chinese radio and television administrative departments. China regulates and plans the introduction of foreign TV dramas and other foreign TV programs introduced via satellite transmission. Applications for the introduction of foreign TV dramas and other foreign TV programs by satellite transmission must be submitted by designated units. Broadcasting introduced foreign TV programs must comply with relevant time ratios and time slot arrangements. |
| 66 | Foreign service providers are not allowed to engage in the cross-border import business of online cultural products. China’s commitments upon accession to the WTO are excluded. |
| 67 | Foreign service providers are not allowed to operate broadcast television video-on-demand services, except for three-star or above hotels or equivalent hotels. Those engaged in broadcast television video-on-demand business must obtain the “Broadcast Television Video-on-Demand Business License” according to law. Programs used for broadcast television video-on-demand should mainly consist of domestic programs. The Chinese government implements an approval system for the landing of foreign satellite channels. |
| 68 | Foreign service providers are not allowed to engage in the production and operation of broadcast television programs (including import business), but domestic broadcast television program production institutions approved can cooperate with foreign institutions and individuals to produce TV dramas (including TV cartoons). In the co-production of TV dramas by Chinese and foreign parties, Chinese personnel must not be less than one-third of the main creative personnel (screenwriters, producers, directors, main actors). Hiring foreign individuals to participate in domestic broadcast television program production requires approval from radio and television administrative departments. |
| 69 | Foreign art performance troupes and individuals are not allowed to independently hold commercial performances but can participate in commercial performances organized by Chinese performance brokerage agencies or participate in commercial performances independently organized by Chinese art performance troupes by invitation, subject to approval by cultural and tourism administrative departments. Foreign individuals are not allowed to apply for the performance brokerage qualification examination. |
| 70 | Foreign service providers are not allowed to engage in news services, including but not limited to news services provided through news agencies, newspapers, periodicals, radio stations, and TV stations. However, (1) Foreign news agencies approved by the Chinese government can establish resident news agencies, engage only in news gathering work, and send resident correspondents to China; (2) Foreign and Chinese news agencies approved by the Chinese government can engage in specific business cooperation under the condition of ensuring Chinese leadership. Foreign news agencies approved by the Chinese government can provide specific news services approved for China, such as supplying manuscripts to domestic news agencies. |
| 71 | Foreign service providers are not allowed to engage in social art level examination services. |
