National version and free trade pilot zone version of special management measures for cross-border service trade released (policy interpretation)
——High-level opening up from the perspective of new management model
On March 22, the Ministry of Commerce issued the "Special Management Measures for Cross-border Services Trade (Negative List)" (2024 Edition) and the "Special Management Measures for Cross-Border Services Trade in Pilot Free Trade Zones (Negative List)" (2024 Edition). It will come into effect on April 21, 2020.
The person in charge of the Department of Trade in Services and the Department of Port Affairs of the Free Trade Zone of the Ministry of Commerce said that the implementation of the national version and the free trade pilot zone version of the special management measures for cross-border service trade marks the first time that a negative list management model for cross-border service trade has been established nationwide, forming the A gradient opening system for cross-border service trade. This is a major reform of my country's service trade management system and a major measure for my country to expand high-level opening up to the outside world. It fully demonstrates my country's determination and direction to deepen reform and expand opening up, and will provide new opportunities for innovation and cooperation in the opening up of global services trade.
Align with international high-standard economic and trade rules and promote institutional openness
In the past 10 years, international trade in services has developed rapidly. The average annual growth rate of global cross-border trade in services is 1.5 times the growth rate of trade in goods during the same period, and its proportion in global trade has increased to 22%. With the rapid breakthroughs in digital technology and the in-depth development of digital transformation in various fields, the potential of cross-border service trade will be further stimulated and become an important engine for global trade growth. The scale of my country's service trade ranks among the top in the world, and the market potential is huge.
In the WTO's General Agreement on Trade in Services, international trade in services is divided into four modes: cross-border delivery, overseas consumption, commercial presence and movement of natural persons. Commercial existence is the service trade provided by the establishment of foreign investment institutions, and the other three modes are collectively referred to as cross-border service trade.
Since 2013, my country has continuously improved the level of investment liberalization by formulating, publishing and continuously reducing the negative list for foreign investment access, and fully implemented the pre-admission national treatment plus negative list management system for foreign investment. In terms of cross-border trade in services, my country mainly provides market access and national treatment to other contracting parties or participants based on the commitments made in the international treaties or agreements concluded, and most of these commitments are made in the form of a positive list.
Currently, the negative list model has become a major way for international high-standard free trade agreements to make open arrangements in the field of cross-border service trade. The two versions of the lists released this time are to proactively adopt the negative list model to uniformly manage market access for cross-border service trade, laying the foundation for better alignment with international high-standard economic and trade rules in the next step.
Adhering to high-quality development and high-level safe and positive interaction, while expanding opening up in an orderly manner, necessary special management measures are also retained in the list. After the list is released, various departments will strengthen institutional innovation, establish and improve the negative list management system, implement opening measures in relevant fields, improve supervision and risk prevention and control mechanisms, and continuously improve the level of governance under open conditions.
Service trade management changes from positive list commitments to negative list management
The negative list for cross-border trade in services is classified by national economic industry and uniformly lists special management measures for overseas service providers to provide services in a cross-border manner (through cross-border delivery, overseas consumption, and movement of natural persons). The national version and the free trade pilot zone version of the cross-border services trade negative list both involve agriculture, forestry, animal husbandry and fishery, construction industry, wholesale and retail industry, transportation, warehousing and postal industry, information transmission, software and information technology service industry, and financial industry. , leasing and business services, scientific research and technical services, education, health and social work, culture, sports and entertainment and other 11 categories. Among them, there are 71 national negative lists for cross-border services trade and 68 free trade zone negative lists.
The first national version of the list released this time mainly collects and lists the access measures that were scattered in various specific fields in the past in a "one list". At the same time, it clarifies that areas outside the list are divided into domestic and overseas services and The implementation of management based on the principle of consistent treatment of service providers has realized the transformation of service trade management from positive list commitments to negative list management, effectively improving the transparency and predictability of cross-border service trade management.
In combination with actual development and opening-up needs, further opening-up arrangements will be made in the free trade pilot zone for natural persons’ professional qualifications, professional services, finance, culture and other fields.
Relax restrictions on professional qualification examinations. The list adopts a more open talent policy and removes restrictions on overseas individuals taking six professional qualification examinations, including registered urban and rural planners, real estate appraisers, auctioneers, survey and design registered engineers, veterinarians, and registered supervision engineers, which is conducive to encouraging and attracting More overseas professionals come to China to find jobs and start businesses, and participate in the construction of the pilot free trade zone, further enhancing the international level of the pilot free trade zone.
Expand the opening up of the financial industry to the outside world. Previously, some opening-up measures were piloted in the Hainan Free Trade Port, and this time the relevant opening-up measures will be further expanded to the Free Trade Pilot Zone. For example, allowing qualified overseas individuals to apply for opening securities accounts and futures accounts in accordance with the law will help attract more overseas individuals to participate in securities and futures investments, make my country's capital market investors more diversified, and further enhance the vitality of the capital market. .
Expand the opening of the professional service industry to the outside world. The list removes restrictions on business entities established outside China and overseas individuals engaged in customs declaration business. In the future, overseas service providers can provide customs declaration services to entities in the free trade pilot zone in a cross-border manner without having to set up legal entities in my country. This will increase the freedom of overseas customs declaration enterprises to enter the domestic market and effectively reduce the operational costs of enterprises. cost.
Expand the opening of the cultural field to the outside world. The list relaxes the restrictions on the proportion of Chinese personnel in the main creative personnel of TV series jointly produced by China and foreign countries, and relaxes the proportion of Chinese personnel from the original no less than 1/3 to no less than 1/4, which is conducive to encouraging more outstanding foreign main creative personnel. Participate in the production of cooperative TV series to further promote international exchanges and cooperation in the field of radio and television.
The implementation of my country's first negative list in the field of cross-border services trade is generally good
In July 2021, with the consent of the Party Central Committee and the State Council, the Ministry of Commerce issued the "Special Management Measures for Cross-Border Services Trade in Hainan Free Trade Port (Negative List) (2021 Edition)". As my country's first negative list in the field of cross-border trade in services, since the implementation of the Hainan version of the list, actual opening-up results have been achieved in many fields such as finance, transportation, legal services, natural person professional qualifications, etc., and the overall implementation situation is good.
In the financial field, foreigners can already open securities accounts in Hainan to participate in transactions, and securities companies have hired foreign securities analysts to carry out securities transaction consulting services. In the field of transportation, many yachts from overseas can freely enter and exit Hainan ports, and it is no longer mandatory to apply for pilotage from my country’s pilotage agency. In the field of legal services, Hainan law firms have hired foreign lawyers as foreign legal consultants to provide foreign legal consulting services. In the field of professional qualifications for natural persons, overseas individuals have applied to take qualification examinations such as practicing veterinarians.
The implementation of the Hainan version of the list has effectively promoted the rapid growth of Hainan's service trade scale. According to Hainan statistics, Hainan Province's service import and export increased by 29.6% year-on-year in 2023, laying a practical foundation for the implementation of a negative list management system for cross-border service trade in the free trade pilot zone and nationwide. (People’s Daily reporter Luo Shanshan)