China question: What are the benefits and risks of investing in a Free Trade Zone?

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clpstaff &clp articles

Which FTZ should I invest in and which sectors are off limits? Are the zones really more liberal towards foreign investment in practice? What are the administrative and approval procedures to set up a company?

The domestic perspective

 

Where to invest


The Shanghai FTZ was first launched in September 2013. Based on its successful model, this year the Chinese government rolled out the reform to set up three more Free Trade Zones in Guangdong, Tianjin and Fujian and to expand the Shanghai FTZ to include Lujiazui, Jinqiao and Zhangjiang in addition to four existing areas (Shanghai Waigaoqiao Bonded Zone, Shanghai Waigaoqiao Bonded Logistics Zone, Yangshan Bonded Port Area and Shanghai Pudong International Airport Comprehensive Free Trade Zone).

Each of the four zones has its own unique features according its geographic location. The Shanghai FTZ, as the first FTZ in China and located in the country's economic hub, will continue to take the lead in opening up reforms in investment and trade facilitation and currency convertibility. The Guangdong FTZ, which is adjacent to Hong Kong and Macau, aims to promote economic integration (especially service trade liberalisation) between the mainland and the two SARs. The Tianjin FTZ, which is next to China's political centre Beijing, aims to coordinate the development of the Beijing-Tianjin-Hebei region. Lastly, the Fujian FTZ, which neighbours Taiwan, aims to further cross-strait economic cooperation.

When deciding on which FTZ to invest, investors may also consider each zone's industries and areas of focus.

Shanghai FTZ

  • Lujiazui Financial Area: international finance, shipping and trade, corporate headquarters and other high-end services
  • FTZ Bonded Area: transit and offshore operations
  • Jinqiao Export Processing Zone: advanced manufacturing, production services, eco-friendly and strategic emerging industries
  • Zhangjiang Hi-tech Park: national scientific centre, technological innovation and finance

Guangdong FTZ

  • Nansha New Area: shipping logistics, finance, international trade, high-end manufacturing and production services
  • Qianhai & Shekou of Shenzhen: strategic emerging services industries, including finance, modern logistics, information services and S&T services
  • Hengqin New Area of Zhuhai: tourism, recreation and health care, commercial finance services, cultural and scientific education and advanced technology

Tianjin FTZ

  • Tianjin Port Area: modern services industries, including shipping logistics, international trade and lease financing
  • Tianjin Airport Area: high-end manufacturing industries, including aerospace, equipment manufacturing and new generation information technology, and production services including design, R&D and aviation logistics
  • Binhai New Area Central Business District: modern services industries dominated by financial innovation

Fujian FTZ

  • Pingtan Sub-area: tourism, more relaxed and convenient measures for investment, trade, capital flow and personnel
  • Xiamen Sub-area: emerging and modern services industries, international shipping, financial services and trade
  • Fuzhou Sub-area: advanced manufacturing, services trade and financial innovation

Sectors off limits


On April 20 2015, the State Council issued the Special Administrative Measures for Foreign Investment Access in Pilot Free Trade Zones (Negative List) (2015 Negative List). This applies to all four FTZs and comprises only 122 special administrative measures for foreign investment, down from 139 measures in the 2014 Negative List and 190 measures in the 2013 List.

Prior to the issuance of the 2015 Negative List, on March 13 2015, the National Development and Reform Commission and Ministry of Commerce jointly promulgated the Foreign Investment Industrial Guidance Catalogue (Amended in 2015) (外商投资产业指导目录) (2015 Catalogue) to apply to foreign investment outside the FTZs.

Compared with the 2015 Catalogue, the 2015 Negative List has lifted certain restrictions and prohibitions for foreign investment in the following sectors:

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