explain

1、 The negative list of market access (2020 Edition) includes two types of matters: prohibition and permission. For prohibited access items, market subjects shall not enter, administrative organs shall not examine and approve, and shall not go through relevant procedures; For the licensing matters, including the requirements and procedures of relevant qualifications, technical standards and licensing requirements, the market subject shall submit an application, and the administrative organ shall make a decision on whether to grant access in accordance with the law, or the market subject shall enter in accordance with the access conditions and access methods stipulated by the government; For industries, fields and businesses outside the negative list of market access, all kinds of market subjects can enter equally according to law.

2、 Management measures for non investment business activities, post access management measures, filing management measures (including registration and registration), professional qualification management measures, management measures only for overseas market entities, and specific geographical areas such as ecological protection red line, nature reserve and drinking water source protection area Space management measures shall not be included in the negative list of market access and shall be subject to its relevant provisions. Laws, regulations, decisions of the State Council and other clearly established prohibitions related to market access are listed in the annex to the list for the reference of market subjects.

3、 The market access management measures listed in the list shall be set by laws, administrative regulations, decisions of the State Council or local regulations, and temporary market access management measures may be set by the rules of the provincial people's government. For individual management measures that are not established according to the effectiveness level and need to be temporarily included in the list, the legislative procedures should be improved as soon as possible and indicated in the list in the form of adding ★.

4、 The catalogue for guiding industrial restructuring and the catalogue of investment projects approved by the government are included in the negative list of market access. If there are detailed provisions on the two catalogues, their provisions shall prevail. The negative list of industrial access of local national key ecological functional areas and main agricultural product producing areas (or the catalogue of prohibition and restriction) and the catalogue of prohibition of access of local industrial structure formulated in accordance with the requirements of the CPC Central Committee and the State Council shall be uniformly included in the negative list of market access.

5、 All regions and departments shall not separately formulate a negative list of the nature of market access. If temporary access management measures need to be taken for special reasons, they can be included in the list in real time with the consent of the State Council.

6、 If there are other provisions in 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 prevail. For major water conservancy projects and hydropower stations, cross-border power grid projects, cross-border gas transmission pipelines and other cross-border matters involving the allocation and adjustment of water resources of cross-border rivers, as well as boundary river projects and Foreign-related marine scientific research, the opinions of foreign affairs departments shall be sought.

7、 In order to protect public morality and safeguard public interests, relevant departments shall fulfill the responsibility of adjusting and regulating the market access policies in the cultural field and new industries related to culture according to law.

8、 Specific implementation measures for market access matters not directly listed in the negative list of market access and with sufficient legal basis shall be implemented in accordance with its provisions.

9、 If the market entity obtains the license by means of notification commitment but fails to fulfill the credit commitment, the original license shall be revoked and punished for breach of faith according to the law and regulations according to the circumstances. Market entities and their relevant responsible persons who refuse to perform judicial decisions or administrative punishment 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 laws and regulations.

10、 This list shall be interpreted by the national development and Reform Commission and the Ministry of Commerce in conjunction with relevant departments.