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Development and Reform Commission: Relax Hainan Free Trade Port Market Access to Enhance Investment Liberalization
People’s diary onlineBeijing, December 31 (Reporter Qiao Xuefeng) On December 31, 2020, the National Development and Reform Commission and the Ministry of Commerce issued the “Special Management Measures for Foreign Investment Access of the Hainan Free Trade Port ( Negative List) (2020 Edition) “(hereinafter, Version 2020 of the negative list of free ports). In order to understand the relevant situation of the 2020 version of the negative list of free ports, the reporter interviewed the relevant person in charge of the National Development and Reform Commission in response to issues of concern to all sectors.
Question: Enter the background to the formulation of the 2020 Negative List of Free Trade Ports
Answer: The Central Party Committee and the State Council attach great importance to the construction of the Hainan Free Trade Port. In April 2018, the Central Committee of the Communist Party of China and the State Council issued the “Guiding Opinions on Supporting the Comprehensive Deepening of Hainan Reform and Opening-up”, proposing to give the Hainan Special Economic Zone a new reform and opening mission, building a pilot free trade zone and free trade port with Chinese characteristics, and clarifying the phases The development objective of the free zone is: by 2020, significant progress has been made in construction the pilot free trade zone; By 2025, the free trade ports system will be established initially; By 2035, the institutional system and the mode of operation of the free trade port will be more mature.
On June 1 of this year, the Central Committee of the Communist Party of China and the State Council published the “General Plan for the Construction of the Free Trade Port of Hainan”, which marks Hainan’s transition from the construction of a zone free trade pilot to the construction of a free trade port. The “General Plan for the Construction of the Hainan Free Trade Port” proposes to substantially relax the market access of the Hainan Free Trade Port, implement the national pre-access treatment plus the negative list management system for foreign investment and formulate the negative list of foreign investment access of Hainan free trade port, and General arrangements are required for the pace and progress of the opening of the foreign economic development report and release an article upon expiration. According to the deployment of the Party Central Committee and the State Council, the National Development and Reform Commission, the Ministry of Commerce and other departments, and Hainan Province formulated the 2020 version of the negative list of free trade ports.
Q: What are the main considerations for formulating the 2020 negative list of free trade ports?
Answer: The general direction of the formulation of the 2020 version of the negative list of free trade ports is to improve the level of investment liberalization and facilitation of the Hainan free trade port, accelerate the formation of a policy and a system opening up internationally competitive and supporting the establishment of the Hainan Free Trade Port to lead the new era of China in foreign countries. A clear opening banner and an important open door. The first is to implement the decisions and deployments of the Central Committee of the Party and the State Council, in accordance with the requirements of the “General Plan for the Construction of the Free Trade Port of Hainan”, and promote the prompt implementation of the measures of opening involved in the key tasks before 2025 in the general plan. The second is to learn from the experience of opening an international free trade port, adhere to the Chinese characteristics, and promote the implementation of the highest level and internationally competitive foreign investment access policy in the free trade port of Hainan. The third is to serve the needs of the Hainan Free Trade Port to develop tourism, modern service industries and high-tech industries, and promote the openness of advanced manufacturing, business services, education and other fields. The fourth is to promote the safe and orderly flow of data, expand the openness of telecommunications services, and help the development of the digital economy of the Hainan Free Trade Port. Fifth, we must adhere to basic thinking, ensure national security as a prerequisite, and constantly promote openness.
Question: Compared to the negative list of access to foreign investment in the pilot free trade zone, what are the most open measures in the 2020 version of the negative list of free ports?
ANSWER: On June 23 of this year, with the approval of the Central Committee of the Party and the Council of State, the National Development and Reform Commission and the Ministry of Commerce issued the 2020 version of the negative list of access to foreign investment in the pilot free trade zone, which lays the foundations for the formulation of the 2020 version of the negative list of free ports. Compared to the 30 elements of the 2020 version of the negative list of access to foreign investment in the pilot free trade zone, the 2020 version of the negative list of the free trade port has been further reduced to 27 elements, and some elements have been partially liberalized to support the opening of the Hainan Free Trade Port.
(1) Promote the opening of key areas such as telecommunications and value-added education. Expand the opening of value-added telecommunications services, remove restrictions on foreign investment in online data processing and transaction processing businesses, and allow companies with registration of entities and service facilities in the Port of Free Hainan Commerce develop Internet data centers and content distribution network services throughout the free trade port and internationally, and promote Hainan collect data to develop a digital economy. Allow foreign high-level science, engineering, agricultural and medical universities and vocational colleges to run schools independently in the Hainan Free Trade Port, and support the construction of the Hainan International Educational Innovation Island.
(2) Expand the opening of business services. In the field of legal services, foreign investors can invest in some non-litigation business legal matters related to Hainan, in order to better meet the needs of foreign-related legal services in the fields of trade, investment and finance. from Hainan Free Trade Port. In the field of consultation and research, with the exception of radio and television listening and viewing surveys that must be controlled by the Chinese side, foreign investment in the field of market research is canceled; foreign investment in social surveys is allowed, and the share of Chinese participation is not less than 67%, and the legal representative must have Chinese nationality.
(3) Relaxation of access for the manufacturing and mining industries. In the manufacturing sector, the national and pilot free zones “will remove the restriction on foreign participation in passenger car manufacturing in 2022 and the restriction that the same foreign company may establish two or fewer joint ventures in China to produce passenger car products. similar vehicles “in advance. , To support the opening of the auto industry of the Hainan Free Trade Port first. In the mining industry, the ban on foreign investment in rare earths, radioactive minerals and tungsten exploration, extraction and beneficiation will be canceled, and the management will be implemented according to the same measures in the mining industry of the state and Hainan province.
Question: Talk about how to ensure the implementation of the 2020 Negative List of Free Trade Ports.
Answer: The 2020 version of the negative list of free trade ports will be implemented on February 1, 2021. The National Development and Reform Commission will work with the Ministry of Commerce and other departments and Hainan Province to effectively implement the negative list. of the Hainan Free Trade Port to ensure that the new opening measures are implemented in a timely manner. Currently, the Standing Committee of the National People’s Congress is formulating the “Hainan Free Trade Ports Law”, which involves the liberalization and facilitation of investments and other aspects, which will provide a stronger legal guarantee for the implementation of the negative list of the Hainan Free Trade Port.
Q: Will the negative list of Hainan Free Trade Port be further reduced in the future?
Answer: Free trade ports have the highest level of openness in the world today. The “Master Plan for the Construction of the Free Trade Port of Hainan” proposes that by 2025 a system of free trade ports policies be initially established with a focus on free trade and investment. By 2035, the free trade port will achieve free and convenient trade, free and convenient investment, free and convenient cross-border capital flow, free and convenient access to people, free and convenient transportation and data flow. safe and orderly. We will continue to reduce the negative list of the Hainan Free Trade Port according to the requirements of the general plan, and gradually realize the free and convenient investment of the Hainan Free Trade Port.
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