On April 24, the State Development and Reform Commission, the Ministry of Commerce and the General Administration of Market Supervision jointly issued the Notice of the Negative List of Market Access (2025 Edition).
The Negative List of Market Access (2025 Edition) has been approved by the CPC Central Committee and the State Council, and will be issued and implemented from now on. Please implement it conscientiously in light of the actual situation. The Negative List of Market Access (2022 Edition) issued on March 12, 2022 (No.397 of the National Development and Reform Commission (2022)) shall be abolished at the same time. Explanation
on the Negative List of Market Access (2025 Edition) Implementing the negative list system of market access is a major decision-making arrangement made by the Party Central Committee and the State Council, and an important institutional arrangement for building a high-level socialist market economic system. With the approval of the CPC Central Committee and the State Council, the Negative List of Market Access (2025 Edition) was jointly issued by the State Development and Reform Commission, the Ministry of Commerce and the General Administration of Market Supervision. The relevant requirements are described below.
1. Types of negative list items and access requirements for market access. The negative list of market access is divided into two categories: prohibition and permission. For prohibited access items, the business entity shall not enter, and the government shall not approve, approve or go through relevant formalities according to law; for permitted access items, local governments at all levels shall publicize the basis of laws and regulations, technical standards, licensing requirements, procedures and time limits, formulate market access service procedures, and the business entity shall enter in compliance with the prescribed conditions and methods; For industries, fields and businesses other than negative list of market access, all kinds of business entities can enter equally according to law. For matters that are not prohibited from entering the market or permitted to enter but are managed in accordance with the record, no license shall be established in disguised form in the name of the record.
2. Scope of application of negative list management measures for market access. The negative list of market access lists the industries, fields and businesses that are prohibited within the territory of the People's Republic of China or can only be invested and operated with the permission of the government. For the management measures generally adopted by all organizations and individuals, for the management measures of non-investment business activities, post-access management measures, record-keeping management measures, professional qualification management measures, only for the management measures of oversea s business entities. As well as the management measures for specific geographical areas and spaces such as ecological protection red line, nature reserves, drinking water source protection areas, etc., are not included in the negative list of market access.
3. Legal basis for negative list management measures for market access. The administrative measures for market access listed in the list shall be set by laws, administrative regulations, decisions of the State Council or local regulations, and temporary administrative measures for market access may be set by regulations of provincial people's governments. Where the National People's Congress and its Standing Committee or the State Council authorize the adjustment or suspension of the implementation of market access management measures within a specific scope according to law, such provisions shall prevail. In the implementation of the list, the relevant departments may take temporary market access management measures with the consent of the Party Central Committee and the State Council for special reasons such as preventing sudden major risks in economic operation. In order to protect public morality and safeguard public interests, relevant departments shall fulfill their responsibilities of adjusting and regulating market access policies in the field of culture and new industries related to culture according to law.
4. Requirements for consistency of negative list of market access. All kinds of national access lists compiled according to the requirements are included in the negative list management of market access. The catalogue of guidance for industrial restructuring and the catalogue of investment projects approved by the government shall be included in the negative list of market access, and the local government shall make detailed provisions for the two catalogues. The negative list of industrial access (or the catalogue of prohibitions and restrictions) for key national ecological function areas and major agricultural product producing areas, as well as the catalogue of prohibited access for local industrial structures formulated by local governments in accordance with the requirements of the Party Central Committee and the State Council, shall be unified into the negative list of market access. In the revision of the above-mentioned list, if additional market access management measures or additional access conditions are involved, they shall be submitted to the State Council for approval. All regions and departments shall not separately formulate a negative list of the nature of market access.
5. The relationship between the negative list of market access and other access provisions. Domestic and foreign business entities shall uniformly apply the provisions of the negative list of market access, and foreign investors shall also apply the relevant provisions of the Special Administrative Measures for Foreign Investment Access (Negative List); if foreign service providers provide services in a cross-border manner, they shall also apply the relevant provisions of the Special Administrative Measures for Cross-border Trade in Services (Negative List). Where there are other provisions in the international conventions to which China is a party, bilateral and multilateral treaties signed with other countries, and relevant arrangements reached with Hong Kong, Macao and Taiwan, the relevant provisions shall be implemented. Major water conservancy projects and hydropower stations, cross-border power grid projects, cross-border gas pipeline networks and other cross-border matters involving the adjustment of the allocation of water resources in cross-border (border) rivers, as well as cross-border river projects and foreign-related marine scientific research, shall seek the opinions of foreign affairs departments.
6. Requirements for standardization and facilitation of market access. In the implementation of the negative list of market access, we should coordinate the management of "certificates" and "licenses", unify the registration of all kinds of business entities, promote the registration of business scope of business entities to link up with the management measures of the negative list of market access and the management of business licenses related to enterprises, strengthen the collection and sharing of information related to enterprises, and establish the whole process of production and operation of service business entities. Continuously improve the convenience and predictability of enterprises.
7. Credit commitments and performance requirements for negative list of market access. If the business entity obtains the license by informing the promise but fails to fulfill the credit promise, the original license shall be revoked, the fulfillment of the promise shall be fully incorporated into the credit record and the relevant information shall be shared, and the punishment for dishonesty shall be carried out in accordance with the law and regulations. Business entities and their relevant responsible persons who refuse to perform judicial decisions or administrative penalty decisions, repeatedly commit crimes and cause heavy losses shall be prohibited from entering the market and industry within a certain period of time in accordance with the law and regulations.
8. Comprehensive regulatory requirements for negative list of market access. Government departments at all levels should, in accordance with the division of responsibilities, resolutely investigate and punish illegal entry, implement post-access supervision of business entities in accordance with the law and regulations, achieve full coverage of pre-event, in-event and post-event supervision, eliminate blind areas and vacuums of supervision, and promote the construction of a coordinated supervision pattern in which government supervision, enterprise consciousness, industry self-discipline and social supervision are mutually supportive. The negative list of
market access shall be interpreted by the State Development and Reform Commission, the Ministry of Commerce and the General Administration of Market Supervision in conjunction with relevant departments. Explanation
of Prohibitive Provisions
Related to Market Access in the Annex
to
the Negative List of Market Access (2025
Edition) The prohibitive measures listed in the annex are the prohibitive provisions clearly established by the existing laws, regulations and decisions of the State Council and closely related to the investment and operation activities of the business entities, which are summarized here for the reference of the business entities. Other prohibitive measures established by laws, regulations and decisions of the State Council shall be governed by their provisions.
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