Catalogue of Industries for Guiding Foreign Investment (2011 Amendment)

Order of the National Development and Reform Commission and the Ministry of Commerce

(No. 12)

    The Catalogue of Industries for Guiding Foreign Investment (2011 Amendment) as approved by the State Council is hereby issued and shall come into force on January 30, 2012; simultaneously, the Catalogue of Industries for Guiding Foreign Investment (2007 Amendment) issued by the National Development and Reform Commission and the Ministry of Commerce on October 31, 2007 shall be repealed.

Zhang Ping, Director of the National Development and Reform Commission

Chen Deming, Minister of Commerce

December 24, 2011

Catalogue of Industries for Guiding Foreign Investment (2011 Amendment)

Catalogue of Restricted Industries for Foreign Investment

I. Agriculture, Forestry, Animal Husbandry and Fishery

1. Selection and cultivation of new varieties of crops and production of seeds (Chinese parties as controlling shareholders)

2. Processing of the logs of precious varieties of trees (limited to Chinese-foreign equity or contractual joint ventures)

3. Processing of cotton (seed cotton)

II. Mining Industry

1. Exploration and exploitation of special and rare kinds of coal (Chinese parties as controlling shareholders)

2. Exploration and exploitation of barites (limited to Chinese-foreign equity or contractual joint ventures)

3. Exploration and exploitation of noble metals (gold, silver, and platinum group)

4. Exploration and exploitation of diamonds, high-aluminum fireclay, wollastonite, graphite, and other important nonmetallic metals

5. Exploitation and ore dressing of phosphorus, lithium, and iron sulfur mines and extraction of brine resources from salt lake

6. Exploitation of szaibelyite and ludwigite

7. Exploitation of celestite

8. Exploitation of marine manganese nodule and sea sand (Chinese parties as controlling shareholders)

III. Manufacturing Industries

(I) Agricultural and Sideline Food Processing

1. Processing of edible oils and fats from soybean, rapeseed, peanut, cottonseed, camellia seed, sunflower seed, palm, etc. (Chinese parties as controlling shareholders), processing of rice and flour, and deep processing of corn

2. Production of biological liquid fuels (fuel ethanol and biodiesel) (Chinese parties as controlling shareholders)

(II) Beverage Manufacturing

1. Production of rice wine and famous-brand spirits (Chinese parties as controlling shareholders)

(III) Tobacco Industry

1. Processing and production of threshed and redried tobacco leaves

(IV) Printing Industry and Reproduction of Recording Media

1. Printing of publications (Chinese parties as controlling shareholders)

(V) Petroleum Processing, Coking and Nuclear Fuel Processing

1. Atmospheric and vacuum refinery production with an annual output below 10 million tons, catalytic cracking production with an annual output below 1.5 million tons, continuous reforming production (including aromatics extraction) with an annual output below 1 million tons, and hydrogen cracking production with an annual output below 1.5 million tons

(VI) Manufacturing of Chemical Raw Materials and Chemical Products 

1. Production of calcined soda and caustic soda and production of sulfuric acid, nitric acid and potassium carbonate of limited output or with obsolete process 

2. Production of photosensitive materials

3. Production of benzidine

4. Production of precursor chemicals (ephedrine, 3,4-methylenedioxyphenyl-2-propanone, phenylacetic acid, 1-phenyl-2-propanone, piperonal, safrole, iso-safrole, and acetic anhydride)

5. Production of hydrogen fluoride and other low-end chlorofluorocarbons or chlorofluoro-compounds

6. Production of butadiene rubber (excluding high cis-butadiene rubber), emulsion polymerized styrene butadiene rubber (E-SBR), and thermoplastic styrene-butadiene-styrene (SBS) rubber

7. Production of PVC in acetylene method, ethene of limited output, and post-processing products

8. Production of dyes and paints using obsolete process, containing hazardous substances or of limited output

9. Processing of ludwigite

10. Production of inorganic salt occupying a large amount of resources, causing serious environment pollution or using obsolete process

(VII) Pharmaceutical Industry

1. Production of chloramphenicol, penicillin G, jiemycin, gentamicin, dihydrostreptomycin, amikacin, totomycin, oxytetracycline, mydecamycin, kitasamycin, ciprofloxacin, norfloxacin and ofloxacin

2. Production of analgin, paracetamol, vitamin B1, vitamin B2, vitamin C, vitamin E, multiplex vitamin preparations, and oral calcium preparations

3. Production of varieties of vaccines included in the national immunity planning

4. Production of active pharmaceutical ingredients (APIs) for anesthetics and Category I psychotropic drugs (Chinese parties as controlling shareholders)

5. Production of blood products

(VIII) Chemical Fiber Manufacturing

1. Production of chemical fiber drawnwork of conventional copolyester (CoPET)

2. Production of viscose fibers 

(IX) Nonferrous Metal Smelting and Rolling Industries

1. Smelting of rare metals including but not limited to tungsten, molybdenum, tin (excluding tin compounds), and antimony (including antimony oxides and antimony sulphides)

2. Smelting of nonferrous metals including but not limited to electrolytic aluminum, copper, lead, and zinc

3. Smelting and separation of rare earth elements (limited to Chinese-foreign equity or contractual joint ventures)

(X) General Equipment Manufacturing

1. Manufacturing of various types of P0-grade bearings and their components (steel balls and cages) and roughcasts

2. Manufacturing of wheeled or caterpillar hoisting machinery with a lifting capacity of less than 400 tons (limited to Chinese-foreign equity or contractual joint ventures)

(XI) Special-Purpose Equipment Manufacturing

1. Manufacturing of equipment for ordinary dacron filament and short fiber

2. Manufacturing of bulldozers of 320 horsepower or less, hydraulic excavators of 30 tons or less, wheeled loaders of 6 tons or less, graders, road rollers and forklifts of 220 horsepower or less, electrically driven off-highway dump trucks of 135 tons or less, hydro-mechanically driven off-highway dump trucks of 60 tons or less, asphalt concrete mixing and paving equipment, high-altitude operation machinery, garden machinery and tools, and ready-mixed concrete machinery (pilot pumps, agitating lorries, mixing stations, and pump trucks)

(XII) Transportation Equipment Manufacturing

1. Repair, design and manufacturing of vessels (including sections) (Chinese parties as controlling shareholders)

(XIII) Communication Equipment, Computer and Other Electronic Equipment Manufacturing

1. Manufacturing of satellite telecasting ground receiving facilities and key components

IV. Power, Gas and Water Production and Supply Industries

1. Within small grids, construction and operation of power plants using coal-fired and steam condensation thermal generator sets with a single generator capacity of 300,000 kilowatts or less and thermoelectric power stations using coal-fired, steam condensation and extraction thermal generator sets with a single generator capacity of 100,000 kilowatts or less

2. Construction and operation of grids (Chinese parties as controlling shareholders)

3. Construction and operation of pipeline networks for gas, heat, and water supply and sewage in cities with a population of more than 500,000 (Chinese parties as controlling shareholders)

V. Transportation, Warehousing and Postal Service Industries

1. Railway freight transport companies

2. Railway passenger transport companies (Chinese parties as controlling shareholders)

3. Road passenger transport companies

4. Cross-border automobile transport companies

5. Water transport companies (Chinese parties as controlling shareholders)

6. General airline companies for photography, prospecting and industrial purposes (Chinese parties as controlling shareholders)

7. Telecommunication companies: value-added telecommunication services (with the proportion of foreign investment not exceeding 50%); basic telecommunication services (with the proportion of foreign investment not exceeding 49%)

VI. Wholesale and Retail Industries

1. Direct sales, mail orders, and online sales

2. Purchase of grains; and wholesale, retail, and distribution of grains, cotton, vegetable oil, sugar, tobacco, crude oil, agricultural chemicals, agricultural plastic film, and fertilizers (in the case of selling products of different varieties and brands from multiple suppliers through more than 30 chain stores, the Chinese parties shall be the controlling shareholders)

3. Construction and operation of large-scale agricultural product wholesale markets

4. Distribution of sound and video recordings (excluding movies) (limited to Chinese-foreign contractual joint ventures)

5. Vessel agencies (Chinese parties as controlling shareholders) and ocean shipping tally companies (limited to Chinese-foreign equity or contractual joint ventures)

6. Wholesale of product oil and construction and operation of gas stations (in the case of the same foreign investors selling product oil of different varieties and brands from multiple suppliers through more than 30 chain gas stations, the Chinese parties shall be the controlling shareholders)

VII. Financial Industry

1. Banks, finance companies, trust companies, and currency brokerage companies

2. Insurance companies (in the case of life insurance companies, the proportion of foreign investment shall not exceed 50%)

3. Securities companies (limited to underwriting of A Shares and underwriting and trading of B Shares, H Shares, and government and corporate bonds, with the proportion of foreign investment not exceeding one third) and securities investment fund management companies (with the proportion of foreign investment not exceeding 49%)

4. Insurance brokerage companies

5. Futures companies (Chinese parties as controlling shareholders)

VIII. Real Estate Industry

1. Development of tracts of land (limited to Chinese-foreign equity or contractual joint ventures)

2. Construction and operation of high-class hotels, high-class office buildings, and international exhibition centers

3. Real estate secondary market transactions and real estate intermediary or brokerage companies

IX. Leasing and Commercial Service Industries

1. Legal consulting

2. Market investigations (limited to Chinese-foreign equity or contractual joint ventures)

3. Credit investigation and rating service companies

X. Scientific Research, Technical Service and Geological Exploration Industries

1. Surveying and mapping companies (Chinese parties as controlling shareholders)

2. Imports and exports inspection, identification and certification companies

3. Photography services (including aerial photography and other trick photography services but excluding aerial photography for survey and mapping purposes; limited to Chinese-foreign equity joint ventures)

XI. Education

1. Ordinary senior high schools (limited to Chinese-foreign contractual joint ventures)

XII. Cultural, Sports and Entertainment Industries

1. Production of radio and television programs and movies (limited to Chinese-foreign contractual joint ventures)

2. Construction and operation of movie theaters (Chinese parties as controlling shareholders)

3. Construction and operation of large theme parks

4. Performance brokerage agencies (Chinese parties as controlling shareholders)

5. Operation of recreation places (limited to Chinese-foreign equity or contractual joint ventures)

XIII. Other Industries Restricted by the State or International Treaties that China Has Concluded or Acceded to