World Trade
Organization S/C/W/296
4 December 2008 (08-5933) Council for Trade in Services Original: English

COMMUNICATION FROM THE People’s Republic of China

Transitional Review Mechanism under Section 18 of the Protocol on
the Accession of the People’s Republic of China

Information required by Annex 1A

The following communication, dated 1 December 2008, from the delegation of the People's Republic of China is being circulated to the Members of the Council for Trade in Services.

_______________

COUNCIL FOR TRADE IN SERVICES: Transitional Review under Article 18 of the Protocol of Accession
of The People’s Republic of China
Information Required in Annex 1A

Regularly updated lists of all laws, regulations, administrative guidelines and other measures affecting trade in each service sector or sub-sector indicating, in each case, the service sector(s) or sub-sector(s) they apply to, the date of publication and the date of entry into force

Services sector or sub-sector
Name of Relevant Laws, Regulations and/or Administrative Measures
and Date of Publication or Entering into force
I.
HORIZONTAL COMMITMENTS 1 All sectors included in the Schedule of Specific Commitments on Services of China
Regulations for the Implementation of the Law of the People’s Republic of China on Chinese-Foreign Contractual Joint Venture
1995/09/04

Law of the People’s Republic of China on Sino-Foreign Contractual Joint Venture
2000/10/31

Law of the People’s Republic of China on Foreign Capital Enterprise
2000/10/31

Law of the People’s Republic of China on Chinese-Foreign Equity Joint Venture
2001/3/15

Regulations for the Implementation of the Law of the People’s Republic of China on Foreign-Capital Enterprises
2001/4/12

Regulations for the Implementation of the Law of the People’s Republic of China on Chinese-Foreign Equity Joint Venture
2001/7/22

Administrative Permission Law of the People’s Republic of China
2003/8/27 2004/7/1

Foreign Trade Law
2004/07/01

Companies Law of the People’s Republic of China
2005/10/27 2006/1/1 Real Right Law of People’s Republic of China
2007/3/16 2007/10/1

Regulations of the People's Republic of China on the Disclosure of Government Information
2007/4/5 2008/5/1

Measures of the People's Republic of China for the Registration of Partnership Enterprises
2007/5/9 2007/6/1

Anti-monopoly Law of the People’s Republic of China
2007/8/30 2008/8/1

Catalogue for the Guidance of Foreign Investment Industries
2007/10/31 2007/12/1

Regulations on the Implementation of the Income Tax Law of the People’s Republic of China
2007/12/6 2008/1/1

Provisions of the State Council on the Standard for Declaration of Concentration of the Business Operators
2008/8/3 2008/8/3
II.
Urban planning services (CPC 8674)
Rules Governing the Foreign Invested Engineering Design Enterprises
2002/09/27

Rules governing the Foreign Invested Urban Planning Service Enterprises
2003/05/01

Measures for the Administration of Construction Engineering Cost Consultancy Enterprises
2006/3/22 2006/07/01

Administrative Measures for Certified Cost Engineers
2006/12/25 2007/3/1

Provisions on the Administration of Certified Constructors
2006/12/28 2007/3/1

The Detailed Rules for the Implementation of the Provisions on the Administration of Foreign-funded Construction Engineering Design Enterprises
2007/1/5 2007/1/5

Measures for the Qualification Accreditation of the Bidding Agencies of Engineering Construction Projects
2007/1/11 2007/3/1

Provisions on the Administration of Foreign-invested Construction Engineering Service Enterprises
2007/1/22 2007/3/26

Administrative Provisions on the Qualifications of Project Supervising Enterprises
2007/6/26 2007/8/01
Regulations for Administration of the Qualification of Survey and Design of Construction Project
2007/6/26 2007/9/1
5 h.
Technical testing and analysis services (CPC 8676) and freight inspection covered by CPC 749,
Related scientific technical consulting services (CPC 8675)
- Onshore oil-field services Regulations on Exploitation of On-shore Petroleum Resources in Cooperation with Foreign Enterprises
2001/9/23 2001/9/23

Decision of the State Council on Amending the Regulations of the People's Republic of China on Sino-foreign Cooperation in the Exploitation of Continental Petroleum Resources
2007/9/18 2007/9/18
13 - Offshore oil-field services,
Geological, geophysical and other
scientific prospecting services
(CPC 86751)
Sub-surface surveying service
(CPC 86752)
(CPC 86751) Regulations on Exploitation of Offshore Petroleum Resources in Cooperation with Foreign Enterprises
2001/9/23 2001/9/23 14 p.
Translation and interpretation services (CPC 87905) Laws, regulations and administrative measures listed in the Horizontal Commitment part are followed
18 - Maintenance and repair services (CPC 63, 6112 and 6122)

- Maintenance and repair services of office machinery and equipment including computers (CPC 845 and 886) Provisions on Administration of Motor Vehicle Repairing
2005/06/24 2005/08/01 19 - Rental and leasing services (CPC 831, 832 excluding CPC 83202) Administrative Measures on Foreign Investment in Lease Industry
2005/02/03
20 2.
except for those currently specifically reserved to Chinese postal authorities by law)
Postal Law of the People’s Republic of China
1986/12/2 1987/1/1

Rules for the Implementation of the Postal Law of The People’s Republic of China
1990/11/12

Notice on the Entrustment Management of Postal and Delivery Services for Cross-border Letters and Materials of Letters in Nature
2001/12/20

Supplementary Notice on the Engagement in Postal and Delivery Services for Cross-border Letters and Materials of Letters in Nature
2002/9/5

Measures for the Administration of International Freight Forwarding Agency Enterprises with Foreign Investment
2005/12/1 2005/12/11

Express Delivery Service Standards YZ/T0128-2007
2007/9/24 2008/1/1

Measures for Administration of the Market of Express Delivery Service
2008/7/12 2008/7/12

Measures for the Supervision and Administration of Universal Postal Services
2008/7/12 2008/9/1
21 C.
including entertainment software and (CPC 83202), distribution services Measures for Administration of Sino-Foreign Contractual Distribution Ventures of Audio-Visual Products
2003/12/08

- Sound recording distribution services Regulations on Administration of Sino-Foreign Movie Shooting
2004/7/6 2004/8/10

Regulations on the Administration of Sino-Foreign TV Drama Co-production
2004/9/21

Regulations on Administration of Import and Broadcasting of Overseas TV Products
2004/9/23

Supplementary Provisions to Regulations on the Administration of Sino-Foreign TV Drama Co-production
2007/9/19

Supplementary Provisions II to Regulations on the Administration of Sino-Foreign TV Drama Co-production
2008/1/14
23 - Cinema Theatre Services
Interim Provisions on Foreign Investment in Cinemas
2003/11/25 2004/1/1

Supplementary Provisions for the Interim Provisions on Foreign Investment in Cinemas
2005/4/8 2005/5/8

Supplementary Provisions for the Interim Provisions on Foreign Investment in Cinemas
2006/1/18 2006/2/20
24 3.
Retailing Services (excluding
tobacco)
Rules on the Administration of Foreign Invested Enterprises for Book, Newspaper and Journal Distribution
2003/3/17

Rules on Administration of Foodstuff Circulation
2004/5/26

Measures on Administration of Foreign-funded Commercial Sectors
2004/6/1

Implementing Measures on the Administration of Automobile Brand Sale
2005/02/21

Regulations on Administration of Direct Sales
2005/8/23 2005/12/1

Regulations on Prohibition of Chuanxiao
2005/8/23 2005/12/1
Supplementary Provisions on the Measures for the Administration on Foreign Investment in Commercial Fields
2006/1/9 2006/1/9

Supplementary Provisions on the Measures for the Administration on Foreign Investment in Commercial Fields
2006/11/3 2006/12/1

Measures for Administration of the Market of Processed Oils
2006/12/4 2007/1/1

Measures for Administration of the Market of Crude Oil
2006/12/4 2007/1/1

Regulation on the Administration of Commercial Franchises
2007/2/6 2007/5/1
Supplementary Provisions Ⅲ on the Measures for the Administration on Foreign Investment in Commercial Fields
2007/11/5
26 5.
Banking Services
Regulations on Administration of Foreign-Funded Financial Institutions
2001/12/20

Measures for Administration of Representative Offices of Foreign-Capital Financial Institutions in China
2002/6/13

Decisions by the China Banking Supervision and Administration Commission on the Adjustments to the Administrative Modes and Procedures of Banking Market Access
2003/05/29

Administrative Rules for the Financial License
2003/7/1

Provisional Rules on the Pricing of Services by Commercial Banks
2003/10/1

Measures on Administration of Foreign Banking Institutions’ Investing in Chinese-funded Financial Institutions
2003/12/8 2003/12/31

Law on People’s Bank of China of People’s Republic of China
2003/12/27 2004/2/1

Law of the People’s Republic of China on Commercial Banks
2003/12/27 2004/2/1

Law of the People’s Republic of China on Regulation of and Supervision over the Banking Industry
2003/12/27 2004/2/1

Administrative Measures on Supervision of Consolidated Financial Statements of Foreign-invested Banks
2004/3/1 2004/4/1

Provisional Rules on the Monitoring and Assessment of NPLs at Commercial Banks
2004/3/25

Administrative Rules on Commercial Banks’ Connected Transactions with Insiders and Shareholders
2004/4/2 2004/5/1

Administrative Rules Governing Foreign Debts of Foreign Banks in China
2004/5/27

Administrative Rules on the Issuance of Subordinated Debts by Commercial Banks
2004/6/17

Guidelines on Commercial Banks’ Due Diligence in Credit Business
2004/7/21

Provisional Rules Governing the Money Brokers
2005/8/8 2005/9/1 Provisional Rules Governing Private Banking Services by Commercial Banks
2005/11/1
Administrative Rules Governing Securitization of Credit Assets by Financial Institutions
2005/12/1

Rules on Implementation of Administrative Licensing Items for Foreign-funded Financial Institutions
2006/1/12 2006/2/1

Administrative Rules for Electronic Banking Services
2006/3/1

Provisional Rules for Commercial Banks to Provide Overseas Wealth Management Services for Clients
2006/4/17 2006/4/17

Regulations of the People’s Republic of China on Administration of foreign-funded Banks
2006/11/11

Administrative Rules Governing Finance Companies of Enterprise Groups
2006/12/28 2006/12/28

Provisional Administrative Rules Governing Derivatives Activities of Financial Institutions
2007/7/3 2007/7/3

Regulations Governing Capital Adequacy of Commercial Banks
2007/7/3 2007/7/3

Regulations of People’s Republic of China on Foreign Exchange Administration
2008/8/5 2008/8/5
30 - Motor vehicle financing by non-bank
financial institutions
Implementing Rules on the Administration of Auto Financing Companies
2003/11/12

Administrative Rules for Automotive Loans
2004/10/1

Rules Governing Auto Financing Companies
2008/1/24 2008/1/24
31 - Securities
Provisional Rules for Foreign Securities Institutions to Apply for B-share Trading Seats at Shanghai Stock Exchange
2002/06/19

Rules on Foreign Institutions’ B-share Trading Seats at Shenzhen Stock Exchange
2002/06/19

Rules for Establishing joint Venture Securities Investment Funds
2002/7/1 Revised on 2007/12/28

Provisional Rules on Special Foreign Membership of Shanghai Stock Exchange
2002/07/24

Rules on Special Foreign Membership of Shenzhen Stock Exchange
2002/07/24

Law of the People’s Republic of China on Funds for Investment in Securities
2003/10/28 2004/6/1

Rules on Administration of Securities Investment Fund Management Corporations
2004/10/01

The Securities Law of the People’s Republic of China
2005/10/27 2006/1/1

Administrative Rules for Qualified Foreign Institutional Investors’ Investment in Domestic Securities Market
2006/8/14 2006/9/1

Provisional Rules for Foreign Investors’ Merger and Acquisition of Domestic Enterprises
2006/8/8 2006/9/8

Regulation on the Administration of Futures Trading
2007/3/6 2007/4/15

Administrative Rules for Foreign Stock Exchange’s Representative Office in China
2007/5/20 2007/7/1

Regulations on the Supervision and Administration of Securities Companies
2008/4/23 2008/6/1 32 9.
Travel Agency and Tour Operator
(CPC 7471)
Regulations on Administration of Travel Agencies
2001/12/11

Provisional Rules on the Establishment of Travel Agencies with Majority Foreign Equity and Solely Foreign Investment
2003/06/12

Amendment to the “Interim Provision on the Establishment of Foreign Holding and Solely foreign-Funded Travel Agencies”
2005/02/17

Supplementary Provisions for the Interim Provision on the Establishment of Foreign Holding and Solely foreign-Funded Travel Agencies
2005/12/29
34
11.
Aircraft repair and maintenance
services (CPC 8868)
Rules on the Foreign Investment to the Civil Aviation Industry
2002/06/21 2002/8/1

The Supplementary Regulations to the Regulations on Foreign Investment in Civil Aviation Industry
2005/1/24 2005/2/24

Management Rules of Civil Aircraft Maintenance Personnel License
2005/9/27 2005/12/31

Civil Aircraft Maintenance Organization Certification Regulations
2005/9/27 2005/12/31

Civil Aircraft Maintenance Training Organization Certificate Regulations
2005/9/27 2005/12/31

Supplementary Provisions on the Measures for the Administration on Foreign Investment in Commercial Fields
2007/1/4 2007/1/4
36 - Computer Reservation System
services Provisional Administrative Measures on the Usage of Computer (Passenger) Reservation System by Chinese Air Transport Enterprises and their Sales Agents within the Territory of China
1995/3/20
37 E.
Road Transport Services
- Freight transportation by road in
trucks or cars (CPC 7123) Provisions on Administration of Foreign Investment in Road Transport Sector
2001/11/20

Supplementary Provision of “Provisions on Administration of Foreign Investment in Road Transport Sector”
2003/12/31 2004/01/01

Regulations of the People’s Republic of China on Road Transport
2004/04/3 2004/07/01

Supplementary Provision II of “Provisions on Administration of Foreign Investment in Road Transport Sector”
2004/12/28

Provisions on Administration of International Road Transport
2005/04/13；2005/06/01
39 H.
List of transport agreements covered by MFN exemption

Sector or sub-sector
List of transport agreements covered by MFN exemption

Countries to which the measures applies

Current state of play
Maritime Transport
International Transport
Freight and Passengers
The parties concerned may, through bilateral agreement, establish entities to engage in usual business in China either as joint ventures or wholly-owned subsidiaries subject to the Chinese laws on joint ventures and on foreign capital enterprises for ships owned or operated by carriers of the parties concerned.
Translation and interpretation services (CPC 87905)

Ministry of Commerce, and its subordinate bodies

18 - Maintenance and repair services (CPC63, 6112 and 6122)
- Maintenance and repair services of office machinery and equipment including computers (CPC845 and 886)

Ministry of Commerce, and its subordinate bodies
Ministry of Communications

19 - Rental and leasing services (CPC 831, 832 excluding CPC 83202) Ministry of Commerce

20 2.
Audiovisual Services
- Video, including entertainment software and (CPC 83202), distribution services
- Sound recording distribution services

Ministry of Culture
Ministry of Commerce

State Administration of Radio, Film and Television
23 - Cinema Theatre Services State Administration of radio, Film and Television
Ministry of Commerce

24 3.
Banking Services

China Banking Regulatory Commission and its sub-national missions

The People
’
s Bank of China and its sub-national missions

30 - Motor vehicle financing by non-bank financial institutions

China Banking Regulatory Commission and its sub-national missions

31 - Securities

China Securities Regulatory Commission

32 9.
Services Auxiliary to all Modes of
Transport
- Storage and warehousing services
(CPC 742)

Ministry of Commerce, and its subordinate bodies
Ministry of Communications

40 - Freight forwarding agency services
(CPC 748 and 749 excluding freight
inspection) Ministry of Commerce

(d) Independence of the regulatory authorities from the service suppliers

With regard to the independence of the regulatory authorities from the service suppliers, China fully complies with its commitment of independent regulation described in paragraph 309 of the Working Party Report on the accession of China.
pending, rejected)

Services sector or sub-sector
State of play of licensing applications of foreign services supplier
Approved Pending Rejected II.
a
Note:
This table gives the state of play of applications of foreign services suppliers from the date of China’s accession to the WTO till 30 August 200
8
.
Coverage of CPC 518 is limited only to the rental and leasing services of construction and/or demolition machines with operator which are owned and used by foreign construction enterprises in their supply of services.
Coverage of CPC 518 is limited only to the rental and leasing services of construction and/or demolition machines with operator which are owned and used by foreign construction enterprises in their supply of services.
Coverage of CPC 518 is limited only to the rental and leasing services of construction and/or demolition machines with operator which are owned and used by foreign construction enterprises in their supply of services.