China has long been a key destination for foreign investment, but navigating its regulations can be complex. In April 2025, China’s National Development and Reform Commission (NDRC), together with the Ministry of Commerce of the People’s Republic of China (MOFCOM) and the State Administration for Market Regulation (SAMR), issued the latest version of the Negative List for Foreign Investment Access – the current edition, which reduces the number of restricted and prohibited industries from 117 to 106 in 2025. This updated list is crucial for foreign businesses looking to enter or expand in China, as it signals both greater liberalisation in many sectors and heightened controls in certain emerging or sensitive industries.
The current edition takes effect immediately and reflects China’s broader strategy of “entry unless prohibited,” encouraging foreign investment while retaining strategic oversight.
Overview of the Negative List
Under this framework, sectors on the list are either prohibited (no foreign investment allowed) or restricted (foreign investment permitted subject to conditions such as caps, joint-venture requirements or Chinese management). The current list marks a major reframing:
The number of listed industries has been cut from 117 to 106.
Select sectors, particularly advanced manufacturing, healthcare services, cloud/data services and next-generation IT, have seen meaningful openings.
At the same time, new controls have been introduced for fields such as e-cigarette production, drone manufacturing, online pharmaceutical/medical-device sales and non-commercial internet information services.
| Sector | Key Change in 2025 Edition | Implication for Foreign Investors |
|---|---|---|
| Total Restricted Items | Reduced from 117 → 106 across 21 industry sections. | More sectors open or less restricted |
| Manufacturing | Several manufacturing segments further opened (including NEV, high-end equipment) under revised terms. | Foreign investors can access deeper manufacturing/supply-chain roles. |
| Healthcare and IT | Service segments such as online healthcare, cloud/data-processing see easing; pilot liberalisation | Opportunity for service-led investors, but compliance still key. |
| Social sciences / research | Some prohibitions remain; scope clarified and investment forms refined | Controls persist in sensitive research areas; careful structuring required |
| New Controls | Restrictions added in areas like e-cigarettes, drone manufacturing, online pharma/medical device sales and non-commercial internet information services. | Entry in these segments now subject to tighter scrutiny and conditions. |
Impact on Foreign Investment
The current edition of China’s Negative List has substantial implications for foreign-invested enterprises (FIEs), market-entry strategy and capital structuring.
Foreign-Invested Enterprises
The pared-down list signals China’s intention to foster a more open investment environment, especially in sectors aligned with its industrial-upgrading agenda (advanced manufacturing, digital economy, services). For FIEs, this means more room for greenfield builds, majority ownership and integrated operations in previously constrained segments.
Market Access and Restrictions
The updated list clarifies which sectors remain restricted or prohibited. For example, sectors like media, certain telecoms and high-security equipment remain under strict control. Conversely, previously closed segments may now allow foreign majority or full ownership under standard licensing.
Shareholding and Legal Representation
As restrictions ease in many sectors, foreign investors gain greater flexibility in shareholding structures and control. However, sectors still restricted may require joint ventures, Chinese management or special licensing. Compliance with the Foreign Investment Law of the People’s Republic of China and relevant implementing regulations remains essential.
Key Updates in the 2025 Negative List
The current edition introduces meaningful updates across multiple sectors — manufacturing, services, agriculture, technology and infrastructure.
Manufacturing Industry Developments
With the revised list, advanced manufacturing (including new-energy vehicles, high-end equipment, some production services) is more accessible to foreign investment. The opening reflects China’s drive to integrate global supply chains and boost innovation in production.
Service Industry Opportunities
Services such as cloud/data processing, online healthcare, rehabilitative services and certain education segments are more accessible under the current list. However, strategic services (telecoms, data infrastructure, cultural content) still come with conditions.
Agriculture and Husbandry Adjustments
Foreign investment in agriculture/aquaculture has seen incremental openings, though sensitive areas (seed genetics, staple crops) continue to face restrictions or prohibitions under the updated list.
Technology and IT Measures
While digital economy segments are being opened, the list introduces new restrictions for drone manufacturing, e-cigarette production and non-commercial internet information services — signalling China’s dual approach: liberalise broadly while tightening in certain tech/security-adjacent spaces.
Regulatory Framework
The regulatory architecture underpinning the Negative List remains strong: central bodies (NDRC, MOFCOM, SAMR) oversee, the Foreign Investment Law provides legal basis, and expanding pilot zones (Free Trade Zones) continue to test further liberalisation. The current list integrates with China’s “Action Plan to Stabilise Foreign Investment” and overall push for high-quality opening-up.
Sector-By-Sector Analysis
Social Sciences and Research
The current list continues to impose restrictions on foreign investment in social sciences, social surveys, humanities research, and geodetic/aerial/marine surveying — reflecting cultural, ideological and security priorities.
Broadcasting and Telecommunications
Foreign investment in radio, television, satellite ground-receiving facilities remains highly restricted. The list also introduces greater oversight for online information service providers (non-commercial) and satellite-telecom services.
Agriculture and Food Production
Foreign investment in seed production, staple crop cultivation, aquaculture and tobacco continue to face limitations — though some segments are now less restricted under the broader opening trend.
Healthcare and Pharmaceuticals
The current Negative List expands access in certain healthcare services (e.g., rehabilitation, elderly care) but imposes heightened regulation on online pharmaceutical/medical device sales, requiring marketing-authorisation-holder (MAH) status and comprehensive supply-chain controls.
Energy and Environmental Sectors
Foreign investment in energy, environmental services and geological survey continue to be managed carefully. While some participation is possible, sectors tied to radioactive minerals, rare earths, strategic infrastructure remain under restriction.
Transportation and Infrastructure
Policies affect investment in vehicle manufacturing and logistics services. Restrictions remain in key segments such as civil airports and domestic shipping/cabotage. The 2025 list also emphasises improved clarity for logistics/freight-forwarding.
Publication and Media Industries
Foreign investment remains largely prohibited in newspaper publishing, book and periodical publishing, radio/TV content production, and cultural auctions. The list retains strong controls in these sectors to safeguard content and ideological control.
Restrictions on Financial Services
Foreign access to financial services continues to evolve. While many segments have opened under separate liberalisation policies, the Negative List retains restrictions/caps in certain strategic financial areas (securities, fund management, insurance). Foreign investors must still comply with licensing, prudential, data and national-security rules.
China’s negative list for foreign investment defines prohibited and restricted sectors, and correctly interpreting sector classifications is essential for investment planning and regulatory approval. MSA Asia’s China company setup team maps sector accessibility and restrictions for your business. Contact for advice on sector eligibility.
Once cleared on the negative list, the next step is China entity registration.
