Another eleven reduction, the new version of the negative list for market access is released

Source: Economic Information Daily

On April 24, the Market Access Negative List (2025 Edition) (hereinafter referred to as the "List (2025 Edition)") was released to the public. Compared with the previous version (2022 Edition) of the list, the number of items in the new version has been reduced from 117 to 106. A number of national measures have been directly deleted. For example, the seal engraving industry has been changed from a licensing system to a record-filing system. At the same time, market access in some fields has been further standardized, and management measures for new business forms and fields such as unmanned aerial vehicle operations and e-cigarettes have been included.

Industry experts said that after four revisions, the number of items in the list has been reduced from 151 in the 2018 edition to the current 106, with a reduction ratio of about 30%. A large number of industry access restrictions have been relaxed, allowing various business entities to see, touch and enter. The dividend of "broad access" has effectively empowered the development of the economic society, achieving the goal of "the shorter the list, the more vibrant the market".

Further Relaxation of Access Restrictions

The market access negative list system refers to a series of institutional arrangements that summarize and list, in the form of a list, the industries, fields and businesses that are prohibited within China's territory and can only be invested and operated with government permission, and that governments at all levels take corresponding management measures in accordance with the law. Outside the market access negative list, all kinds of business entities can enter on an equal footing in accordance with the law. Compared with the previous version (2022 Edition) of the list, the number of items in the "List (2025 Edition)" has been reduced from 117 to 106, the number of specific national management measures under the items has been reduced from 486 to 469, and the number of local management measures has been reduced from 36 to 20.

Specifically, the "List (2025 Edition)" has directly deleted a number of national measures. For example, the seal engraving industry has been changed from a licensing system to a record-filing system, and the sales business of special products for computer information system security has been reformed into a testing and certification system based on mandatory national standards. A number of national measures have been partially liberalized. For example, management measures such as the establishment of television drama production units and the preparation of drug wholesale and retail enterprises have been cancelled. Necessary market access management has been maintained in the relevant fields, but the access process has been further streamlined. A number of local measures have been cancelled. For example, localities have been urged to liberalize management measures in transportation and logistics and other fields, and market barriers between regions have been broken.

Zhang Mingshen, Deputy Director of the Enterprise and Entrepreneurship Office of the Institute of Economics of the National Development and Reform Commission, said that the release and implementation of the new version of the market access negative list is a key way to build a high-level socialist market economic system that is both "flexible in liberalization" and "effective in regulation". "The new version of the list strictly implements the requirements for the construction of a unified national market. According to national laws and regulations in the fields of transportation and market supervision, the corresponding local licensing measures have been cancelled, fully reflecting the clear orientation of promoting the unification of market access system rules."

Guo Liyan, Deputy Director and Researcher of the Institute of Economics of the National Development and Reform Commission, said that China has comprehensively implemented the market access negative list system since 2018. Judging from more than seven years of practice, the management mode of "entry allowed unless prohibited" presented in the "negative list" has effectively promoted the transformation of government functions, greatly simplified the access process, reduced administrative intervention, and effectively improved the efficiency of market access by continuously breaking down market access barriers.

Standardizing Access in New Business Forms and Fields

While promoting "broad access", the new version of the market access negative list also standardizes access in key fields in accordance with the law and firmly safeguards the safety bottom line. Among them, management measures for new business forms and fields have been included, involving fields such as unmanned aerial vehicles, new tobacco products such as e-cigarettes, online sales of drugs and medical devices, and Internet information services.

"The safe and healthy development of the low-altitude economy is inseparable from the safe operation of unmanned aerial vehicles. In this revision, according to the Provisional Regulations on the Flight Management of Unmanned Aerial Vehicles implemented in 2024, the 'Approval of Civil Unmanned Aerial Vehicle Operation Certificates (excluding micro unmanned aerial vehicles)' has been included in the negative list. At the same time, in accordance with laws and regulations, non-commercial Internet information services have been adjusted from'record-filing' to 'approval', and the production, approval and retail-related approvals of new tobacco products such as e-cigarettes have been included in the list." Zhang Mingshen said.

The reporter noticed that some new business forms and fields have not been directly included in the negative list management. In this regard, a relevant person in charge of the National Development and Reform Commission said that new business forms and fields are often in a period of rapid development, with diverse innovation entities, rapid technological iteration and variable development paths. It is difficult to manage them with the traditional access method of administrative examination and approval. At the same time, enterprises are likely to encounter institutional supply shortages in terms of factor protection, standard setting, market supervision, scenario opening, etc., and it is difficult for them to enter the market. It is necessary to explore a more flexible and resilient access management model, carry out the design of a systematic access mechanism, and comprehensively optimize the market access environment.

Previously, the Third Plenary Session of the 20th Central Committee of the Communist Party of China made a major deployment of "optimizing the market access environment for new business forms and fields". The reporter learned that in recent years, relevant departments such as the National Development and Reform Commission, using special measures for relaxing market access as a policy carrier, have successively planned and introduced a number of policy measures in Hainan, Shenzhen, the Guangdong-Macao In-Depth Cooperation Zone in Hengqin, Nansha New Area in Guangzhou and other places, involving fields such as aerospace, biomedicine, new energy, information security, and intelligent transportation. For example, supporting Hainan to establish the country's first commercial aerospace launch site has broken through the bottlenecks of "difficulty in launching" in China's commercial aerospace.

The above-mentioned person in charge said that in the next step, efforts will be focused on important fields and key industries, fully tapping the innovation needs of scenario opening, planning and introducing super scenarios with leading, demonstrative and driving effects, and promoting the development of new industries, new models and new driving forces. On the other hand, focusing on key fields of strategic emerging industries and future industries and major productivity layouts, key regions will be selected to carry out pilot projects for relaxing market access, and new special measures for relaxing market access will be formulated and introduced in batches. The existing special measures that are relatively mature in the pilot projects will be expanded in scope and iterated in the system, and will be upgraded to institutional achievements at the national level in a timely manner, promoting the further streamlining and optimization of items in the market access negative list.

Promoting the Implementation of "Entry Allowed Unless Prohibited"

In fact, although the market access negative list continues to be reduced, the "glass doors", "spring doors", "revolving doors" and other bottlenecks outside the list have not been eliminated, the mechanism for discovering and breaking down market access barriers has not been fully mature, and problems such as "no way to appeal", "ignoring the appeal" and "indecision after handling" for enterprises still exist to varying degrees, and the implementation of "entry allowed unless prohibited" has not been fully achieved. The reporter learned that the National Development and Reform Commission, the Ministry of Commerce, and the State Administration for Market Regulation will jointly carry out a cleaning and rectification campaign for market access barriers and establish a long-term mechanism.

The above-mentioned person in charge introduced that relevant departments will comprehensively clean up various regulatory documents related to market access. In case of violations such as the illegal addition of access items or conditions and the illegal expansion of the access scope, all such situations shall be corrected. For market access regulations that have no basis in superior laws and regulations and are established without corresponding legal procedures, all such regulations shall be repealed.

In addition, the reporter noticed that the "List (2025 Edition)" specifically puts forward comprehensive supervision requirements in the "Explanation" section, clarifying that government departments at all levels should, in accordance with their division of responsibilities. At the same time, it is especially proposed to promote the construction of a collaborative supervision pattern in which government supervision, corporate self-discipline, industry self-regulation, and social supervision support each other, pointing out the basic direction for strengthening the whole-chain supervision of market access in the next stage.

"The management mode of the market access negative list is not just the 'list' itself, but a complete institutional system that includes ensuring that all kinds of business entities enjoy the right to enter on an equal footing in the fields outside the list. This institutional system includes multiple links such as the formulation, release, adjustment, implementation of the market access negative list, as well as post-access supervision and efficiency evaluation." Guo Liyan said that efforts should be made to optimize the business environment, accelerate the construction of a new regulatory mechanism based on credit, ensure that the relaxation of market access management measures and the corresponding supervision policies during and after the event are optimized and implemented simultaneously, and continuously carry out cleaning and rectification for pain points and difficulties, so as to provide a better supporting environment for further improving the market access system.

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