The National Development and Reform Commission and two other departments have released the "Negative List for Market Access (2025 Edition)".

On April 24th, the National Development and Reform Commission, the Ministry of Commerce, and the State Administration for Market Regulation issued a notice regarding the issuance of the "Market Access Negative List (2025 version)". It mentions that the Market Access Negative List lawfully lists industries, sectors, and businesses within the territory of the People's Republic of China that are prohibited or require government approval for investment and operation. Measures regarding general management for all organizations and individuals, management measures for non-investment operating activities, post-access management measures, record-related management measures, professional qualification-related management measures, management measures solely for foreign operating entities, as well as management measures for specific geographical areas or spaces such as ecological protection redlines, natural protected areas, and drinking water source protection zones are not included in the Market Access Negative List, according to their respective regulations. The original text is as follows: "Market Access Negative List (2025 version)" Explanation of the "Market Access Negative List (2025 version)" Implementing the system of the Market Access Negative List is a major decision and arrangement made by the Central Committee of the Communist Party of China and the State Council. It is an important institutional arrangement for building a high-level socialist market economy system. Approved by the Central Committee of the Communist Party of China and the State Council, the "Market Access Negative List (2025 version)" is jointly issued by the National Development and Reform Commission, the Ministry of Commerce, and the State Administration for Market Regulation. The relevant requirements are explained as follows. 1. Types and access requirements of items on the Market Access Negative List. The Market Access Negative List is divided into prohibited and licensed items. For prohibited access items, the operating entities are not allowed to enter, the government will not approve or authorize them according to the law, and relevant procedures will not be processed. For licensed access items, local governments at all levels should publicly disclose the legal and regulatory basis, technical standards, licensing requirements, processing procedures, and timelines, establish market access service procedures, and allow operating entities to enter in compliance with the specified conditions and procedures. For industries, sectors, and businesses outside the Market Access Negative List, all types of operating entities can enter equally according to the law. For items not subject to market access bans or licensing but subject to recording management, they may not use the recording name to establish licensing. 2. Scope of application of market access negative list management measures. The Market Access Negative List lawfully lists industries, sectors, and businesses that are prohibited within the territory of the People's Republic of China or require government approval for investment and operation. General management measures applied to all organizations and individuals, measures for non-investment operating activities, post-access management measures, recording-related management measures, professional qualification-related management measures, management measures solely for foreign operating entities, and management measures for specific geographical areas or spaces such as ecological protection redlines, natural protected areas, and drinking water source protection zones are not included in the Market Access Negative List, according to their respective regulations. 3. Legal basis for market access negative list management measures. Market access management measures listed in the list are established by laws, administrative regulations, State Council decisions, or local regulations. Provincial People's Government regulations can establish temporary market access management measures. According to the need, the National People's Congress and its Standing Committee or the State Council authorized to adjust or temporarily suspend the implementation of market access management measures within a specific scope will comply with their regulations. During the implementation of the list, due to special reasons such as preventing major risks in economic operations, with the approval of the Central Committee of the Communist Party of China and the State Council, relevant departments may adopt temporary market access management measures. In order to protect public morality, maintain public interests, relevant departments shall implement the responsibility for adjusting and regulating market access policies in the cultural field and related to Shenzhen New Industries Biomedical Engineering according to the law. 4. Consistency requirements of the Market Access Negative List. All types of nationally formulated access directories must be included in the management of the Market Access Negative List according to the requirements, including industry structure adjustment guidance directories and government-approved investment project directories. If there are detailed regulations in the local area for these two directories, they shall comply with their regulations. Local industry access negative lists (or prohibitions and restrictions catalogs) for key national ecological functional areas and principal agricultural areas of the Shenzhen Agricultural Power Group and local industry structure prohibitions on entries compiled at the request of the Central Committee of the Communist Party of China and the State Council shall be unified into the Market Access Negative List. In the revision of the above-mentioned list directories, if it involves the addition of market access management measures or the addition of access conditions, it must be reported to the State Council for approval. Local regions and departments shall not formulate additional negative lists for market access nature. 5. Relationship between the Market Access Negative List and other access provisions. Both domestic and foreign operating entities shall uniformly apply the Market Access Negative List's provisions, and foreign investors shall additionally comply with the relevant provisions of the "Special Administrative Measures for Foreign Investment Market Access (Negative List)". For foreign service providers who provide services in a cross-border manner, they shall also follow the relevant provisions of the "Special Administrative Measures for Cross-border Service Trade (Negative List)". If there are other provisions in international conventions that China has participated in, bilateral or multilateral treaties signed with other countries, or arrangements reached with Hong Kong, Macao, and Taiwan, they shall be implemented according to those provisions. Major water resources allocation adjustments for transboundary (border) river projects and hydroelectric plants, cross-border power grid projects, cross-border gas pipeline networks, and other cross-border issues, as well as projects involving border rivers and foreign marine surveys, require consultation with foreign affairs departments. 6. Standardization and facilitation requirements of market access rules. During the implementation of the Market Access Negative List, it is necessary to coordinate the management of "certificates" and "licenses", unify the registration of various operating entities, promote the registration of operating entity operating scopes in line with the management measures of the Market Access Negative List and relevant enterprise licensing matters, strengthen the collection and sharing of enterprise-related information, establish mechanisms for servicing the entire process of the operational production of operating entities, and continuously improve the ease and predictability of enterprise transactions. 7. Credit commitment and performance requirements for the Market Access Negative List. If an operating entity obtains a license through an informed commitment method but does not fulfill the credit commitment, the original license will be revoked, and the situation of fulfilling the credit commitment will be fully incorporated into the credit record and shared with relevant information, and dishonest punishment will be carried out according to laws and regulations. For operating entities and their related responsible persons who refuse to comply with judicial judgments or administrative penalty decisions, repeatedly offend without repentance, and cause significant losses, market and industry bans will be implemented within a certain period according to laws and regulations. 8. Comprehensive supervision requirements for the Market Access Negative List. All levels of government departments shall conduct strict investigation and punishment of violations according to their respective responsibilities.Regulate the entry behavior, implement post-entry supervision on the operating entities in accordance with the law and regulations, achieve full coverage of supervision before, during and after the event, eliminate regulatory blind spots and gaps, and promote the coordinated regulatory structure supported by government supervision, corporate self-discipline, industry self-regulation, and social supervision.The negative list for market access is explained by the National Development and Reform Commission, the Ministry of Commerce, and the State Administration for Market Regulation in conjunction with relevant departments. This article was selected from the National Development and Reform Commission, GMTEight Editor: Chen Wenfang.