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Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
| Sector or sub-sector |
Limitations on market access |
Limitation on national treatment |
Additional commitments |
| I. HORIZONTAL COMMITMENTS |
| ALL SECTORS INCLUDED IN THIS SCHEDULE |
(3) In China, foreign invested enterprises include foreign capital enterprises (also referred to as wholly foreign-owned enterprises) and joint venture enterprises and there are two types of joint venture enterprises: equity joint ventures and contractual joint ventures.
The proportion of foreign investment in an equity joint venture shall be no less than 25 per cent of the registered capital of the joint venture.
The establishment of branches by foreign enterprises is unbound, unless otherwise indicated in specific sub-sectors, as the laws and regulations on branches of foreign enterprises are under formulation.
Representative offices of foreign enterprises are permitted to be established in China, but they shall not engage in any profit-making activities except for the representative offices under CPC 861, 862, 863, 865 in the sectoral specific commitments.
The conditions of ownership, operation and scope of activities, as set out in the respective contractual or shareholder agreement or in a licence establishing or authorizing the operation or supply of services by an existing foreign service supplier, will not be made more restrictive than they exist as of the date of China's accession to the WTO.
The land in the People's Republic of China is State-owned. Use of land by enterprises and individuals is subject to the following maximum term limitations:
(a) 70 years for residential purposes;
(b) 50 years for industrial purposes;
(c) 50 years for the purpose of education, science, culture, public health and physical education;
(d) 40 years for commercial, tourist and recreational purposes;
(e) 50 years for comprehensive utilization or other purposes. |
(3) Unbound for all the existing subsidies to domestic services suppliers in the sectors of audio-visual, aviation and medical services. |
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(4) Unbound except for measures concerning the entry and temporary stay of natural persons who fall into one of the following categories: |
(4) Unbound except for the measures concerning the entry and temporary stay of natural persons who fall into the categories referred to in the market access column. |
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(a) Managers, executives and specialists defined as senior employees of a corporation of a WTO Member that has established a representative office, branch or subsidiary in the territory of the People's Republic of China, temporarily moving as intra-corporate transferees, shall be permitted entry for an initial stay of three years;
(b) Managers, executives and specialists defined as senior employees of a corporation of WTO Members, being engaged in the foreign invested enterprises in the territory of the People's Republic of China for conducting business, shall be granted a long-term stay permit as stipulated in the terms of contracts concerned or an initial stay of three years, whichever is shorter;
(c) Service salespersons - persons not based in the territory of the People's Republic of China and receiving no remuneration from a source located within China, and who are engaged in activities related to representing a service supplier for the purpose of negotiation for the sale of services of that supplier where:
(a) such sales are not directly made to the general public and
(b) the salesperson is not engaged in supplying the service: entry for salespersons is limited to a 90-day period. |
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| - Securities |
(1) Unbound except for the following:
- Foreign securities institutions may engage directly (without Chinese intermediary) in B share business.
(2) None
(3) a. Unbound, except for the following:
- Upon accession, representative offices in China of foreign securities institutions may become Special Members of all Chinese stock exchanges.
- Upon accession, foreign service suppliers will be permitted to establish joint ventures with foreign investment up to 33 per cent to conduct domestic securities investment fund management business. Within three years after China's accession, foreign investment shall be increased to 49 per cent. Within three years after accession, foreign securities institutions will be permitted to establish joint ventures, with foreign minority ownership not exceeding 1/3, to engage (without Chinese intermediary) in underwriting A shares and in underwriting and trading of B and H shares as well as government and corporate debts, launching of funds.
b. Criteria for authorization to deal in China's financial industry are solely prudential (i.e., contain no economic needs test or quantitative limits on licenses).
(4) Unbound except as indicated in Horizontal Commitments.
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(1) None
(2) None
(3) None
(4) Unbound except as indicated in Horizontal Commitments.
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The terms of the contract, concluded in accordance with China's laws, regulations and other measures, establishing a "contractual joint venture" govern matters such as the manner of operation and management of the joint venture as well as the investment or other contributions of the joint venture parties. Equity participation by all parties to the contractual joint venture is not required, but is determined pursuant to the joint venture contract. |
