WORLD TRADE
ORGANIZATIONS/C/W/234
1 December 2003
(03-6345)
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 27 November 2003, from the delegation of the People's
Republic of China is being circulated to the Members of the Council for Trade in Services.
_______________S/C/W/234
Page 2 (a) regularly updated lists of all laws, regulations, administrative guidelines and other measures affecting trade in each servi ce 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 i nto force
Services sector or sub-sectorName 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 ofChinaLaw of the People’s Republic of China on Sino-Foreign Equity Joint Venture
2001/3/15Regulations for the Implementation of the Law of the People’s Republic of China on Sino-Foreign Equity Joint Venture2001/7/22Law of the People’s Republic of China on Sino-Foreign Contractual Joint Venture2000/10/31
Regulations for the Implementation of the Law of the People’s Republic of China on Sino-Foreign Contractual Joint
Venture1995/9/4Law of the People’s Republic of China on Foreign Capital Enterprise2000/10/31Regulations for the Implementation of the Law of the People’s Republic of China on Foreign Capital Enterprise
2001/4/12
Provisions on Guiding Foreign Investment Direction2002/2/11Catalogue for the Guidance of Foreign Investment Industries2002/3/11
II. SPECIFIC COMMITMENTS
2 1. BUSINESS SERVICES
A. Professional Services
a. Legal Services (CPC861 excluding
Chinese law practices)Regulations on Administration of Foreign Law Firms’ Representative Offices in China
2002/01/01
Measures for Administration of Law Firms’ Representative Offices of Hong Kong SAR and Macao SAR
2002/3/13Rules on the Implementation of Regulations on Administration of Foreign Law Firms’ Representative Offices in China2002/7/31
3 b. Accounting, auditing and
bookkeeping services (CPC 862)
c. Taxation services (CPC 8630)Tentative Procedures for the Administration of Sino-foreign Cooperative Accounting Firm
1996/3/28
Provisional Rules on Administration of Representative Offices of Foreign Accounting Firm
1996/1/4
4 d. Architectural services (CPC 8671)
e. Engineering services (CPC 8672)f. Integrated engineering services (CPC
8673)
g. Urban planning services (CPC 8674)Rules Governing the Foreign Invested Engineering Design Enterprises
2002/09/27S/C/W/234
Page 3Services sector or sub-sectorName of Relevant Laws, Regulations and/or Administrative Measures
and Date of Publication or Entering into force
5 h. Medical and dental services
(CPC 9312)Interim Measures on Administration of Foreign Physicians’ Short-Term Practising in China
1992/10/7Interim Measures for Administration of Sino-Foreign Joint Venture and Cooperative Medical Institutions2000/5/15
6 B. Computer and Related Services Laws, regulations and administrative measures listed in the Horizontal Commitment part are fol lowed
7 D. Real Estate Services Laws, regulations and administrative measures listed in the Horizontal Commitment part are followed
8 F. Other Business Services
a. Advertising Services (CPC 871)Several Provisions on Establishment of Advertising Enterprise with Foreign Investment
1994/11/3
9 c. Management Consulting services
(CPC 865)Laws, regulations and administrative measures listed in the Horizontal Commitment part are followed
10 e. Technical testing and analysis
services (CPC 8676) and freight
inspection covered by CPC 749,
excluding statutory inspectionservices for freight inspectionservicesProvisions for the Examination and Approval of the Establishment of Import and Export Commodity Inspection and
Accreditation  Corporation with Foreign Investment
1995/10/9
Rules on the Supervision and Administration of the Institutions for Certification and Certification Training andConsultancy.2002/04/02
11 f.  Services incidental to agriculture,
forestry, hunting and fishing
(CPC 881 and 882)Laws, regulations and administrative measures listed in the Horizontal Commitment part are followed
12 m. Related scientific technical
consulting services (CPC 8675)
-  Onshore oil-field servicesRegulations on Exploitation of On-shore Petroleum Resources in Cooperation with Foreign Enterprises
2001/9/23
13 -  Offshore oil-field services,
Geological, geophysical and otherscientific prospecting services(CPC 86751)
Sub-surface surveying service
(CPC 86752)Regulations on Exploitation of Offshore Petroleum Resources in Cooperation with Foreign Enterprises
2001/9/23
14 p. Photographic services (CPC 875) Laws, regulations and administrative measures listed in the Horizontal Commitment part are followed
15 q. Packaging services (CPC 876) Laws, regulations and administrative measures listed in the Horizontal Commitment part are fol lowed
16 s. Convention services (CPC 87909) Laws, regulations and administrative measures listed in the Horizontal Commitment part are followed
17 t. 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)Laws, regulations and administrative measures listed in the Horizontal Commitment part are followedS/C/W/234
Page 4Services sector or sub-sectorName of Relevant Laws, Regulations and/or Administrative Measures
and Date of Publication or Entering into force
19 - Rental and leasing services
(CPC 831, 832 excludingCPC 83202)Interim Measures for Approval and Administration of Foreign-Invested Leasing Companies
2001/8/14
20 2. COMMUNICATION SERVICES
B. Courier Services (CPC 75121,except
for those currently specifically
reserved to Chinese postal
authorities by law)Rules on Administration of International Freight Forwarding Agency Enterprises with Foreign Investment
2001/12/19Notice on the Entrustment Management of Postal and Delivery Services for Cross-border Letters and Materials ofLetters in Nature
2001/12/20
Supplementary Circular Concerning the Handling of Delivery Services of Inward-and-Outward Letters and Articles withLetter Nature2002/9/5
21 C. Telecommunication Services Regulations on Administration of Foreign Invested Telecommunications Enterprises
2001/12/11
22 D. Audiovisual Services
- Video, including entertainment
software and (CPC 83202),
distribution services
- Sound recording distribution
servicesMeasures for Administration of Sino-Foreign Contractual Distribution Ventures of Audio-Visual Products
2001/12/10
23 -  Cinema Theatre Services Provisional Regulati ons Governing the Foreig n-Invested Movie Theater
2000/10/25
24 3. CONSTRUCTION AND RELATED
ENGINEERING SERVICES
(CPC 511, 512, 513,4 514, 515, 516,
517, 5185)Regulations on the Establishment of Foreign-Invested Construction Enterprises
1995/9/18
25 4. DISTRIBUTION SERVICES
A. Commission Agents’ Services
(excluding salt, tobacco)
B. Wholesale Trade Services
(excluding salt, tobacco)
C. Retailing Services (excluding
tobacco)Measures Governing Foreign Invested Distribution Enterprises for Books, Newspapers, and Periodicals
2003/05/01
26 5. EDUCATIONAL SERVICES Regulations of the People’s Republic of China on Chinese-foreign Cooperation in Running Schools
2003/09/01
27 6. ENVIRONMENTAL SERVICES Laws, regulations and administrative measures listed in the Horizontal Commitment part are followed
28 7. FINANCIAL SERVICES
A. Insurance servicesRegulations on Administration of Foreign-Funded Insurance Companies
2001/12/12
                                                     
4 Including dredging services relating to infrastructure construction.
5 Coverage of CPC 518 is limited only to the rental and leasing services of construction and/or demolition machines with operato r which are owned and used by foreign construction enterprises in their supply of services.S/C/W/234
Page 5Services sector or sub-sectorName of Relevant Laws, Regulations and/or Administrative Measures
and Date of Publication or Entering into force
29 B. Banking Services Regulations on Administration of Foreign-Funded Financial Institutions
2001/12/20
Detailed Implementation Rules of the Regulations on Administration of Foreign-Funded Financial Institutions
2002/2/1Measures for Administration of Representative Offices  of Foreign-Capital Financial Institutions in China
2002/6/13
30 - Motor vehicle financing by non-bank
financial institutionsAdministrative Rules Governing the Auto Financing Company
2003/10/03
31 - Securities Rules for Establishing Foreign-Invested Securities Companies
2002/6/1
Rules for Establishing Foreign-Invested Fund Management Companies
2002/6/1
32 9. TOURISM AND TRAVEL
RELATED SERVICESA. HotelsLaws, regulations and administrative measures listed in the Horizontal Commitment part are followed
33 B. Travel Agency and Tour Operator
(CPC 7471)Regulations on Administration of Travel Agencies
2001/12/11Interim Regulations on the Establishment of Travel Agencies with Foreign Majority Ownership and Wholly Owned by
Foreign Investors
2003/07/11
34 11.TRANSPORT SERVICES
A. Maritime Transport Services
- International transport (CPC 7211
and 7212 less cabotage transportservices)
H. Auxiliary Services
a. Maritime cargo-handling services
(CPC 741)
d. Container station and depot
services
e. Maritime agency services
B. Internal Waterways Transport
b. Freight transport (CPC 7222)Provisional Rules on the Approval and Administration of Vessel Companies with Solely Foreign Investment
2000/01/28Regulations on International Maritime Transportation2001/12/11Implementing Rules for the Regulations of the People’s Republic of China on International Maritime Transportation
2002/12/25
35 C. Air Transport Services
d. Aircraft repair and maintenance
services (CPC 8868)Rules on Certification of Maintenance Organization for Civil Aircraft
2001/12/21Rules on the Foreign Investment to the Civil Aviation Industry2002/06/21S/C/W/234
Page 6Services sector or sub-sectorName of Relevant Laws, Regulations and/or Administrative Measures
and Date of Publication or Entering into force
36 - Computer Reservation System
servicesProvisional Administrative Measures on the Usage of Computer (Passenger) Reservation System by Foreign Air
Transport Enterprises and their Sales Agents within the Territory of China1995/3/20Provisional Administrative Measures on the Usage of Computer (Passenger) Reservation System by Chinese AirTransport Enterprises and their Sales Agents within the Territory of China1995/3/20
37 E. Rail Transport Services
- Freight transportation by rail
(CPC 7112)Interim Measures on Examination, Approval and Administration of Railway Freight Transport Industry Invested by
Foreigners
2000/8/29
38 F. 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
39 H. Services Auxiliary to all Modes of
Transport
- Storage and warehousing services
(CPC 742)Laws, regulations and administrative measures listed in the Horizontal Commitment part are followed
40 - Freight forwarding agency services
(CPC 748 and 749 excluding freightinspection)Measures for the Administration of Foreign Inve sted International Freight Forwarding Agencies
2003/01/10S/C/W/234
Page 7(b) China's licensing procedures and conditions, if any, between domestic and foreign service suppliers, measures implementing t he free choice of
partner and list of transport agreements covered by MFN exceptions
Licensing procedures and conditions and measures implementing th e free choice of partner for the sectors and sub-sectors includ ed in the Schedule of
Specific Commitment on Services of China are provided in the corresponding laws, regulations and administrative measures as lis ted under item
(a). These laws, regulations and administrative measures have been notified to the Council for Trade in Services pursuant to Ar ticle 3 of the General
Agreement on Trade in Services.
List of transport agreements covered by MFN exemption
Sector or sub-sector List of transport agreements covered by MFN
exemptionCountries to which the measures
applies Current state of play
The parties concerned may, through bilateral
agreement, establish entities to engage in usualbusiness in China either as joint ventures or wholly-owned subsidiaries subject to the Chinese laws onjoint ventures and on foreign capital enterprises forships owned or operated by carriers of the partiesconcerned.Unspecified
Algeria, Argentina, Bangladesh, Brazil,
ZaireStill valid
Argentina Terminated on 5 October 1995
Thailand Terminated on 30 May 1995Maritime Transport
International TransportFreight and Passengers
Agreements of cargo sharing
USA Terminated in 1998S/C/W/234
Page 8(c) Regularly updated lists of the authorities, at all levels of government (including organizations with delegated authority) w hich are responsible
for the adoption, implementation and reception of appeals for la ws, regulations, administrative guidelines and other measures a ffecting trade in
services
Services sector or sub-sector Authorities responsible
II. SPECIFIC COMMITMENTS
2 1. BUSINESS SERVICES
A. Professional Services
a. Legal Services (CPC 861, excluding
Chinese law practices)Ministry of Justice
3 b. Accounting, auditing and
bookkeeping services (CPC 862)
c. Taxation services (CPC 8630)Ministry of Finance (The Chinese Institute of Certified Pubic Accountants)
Ministry of Commerce
4 d. Architectural services (CPC 8671)
e. Engineering services (CPC 8672)
f. Integrated engineering services (CPC
8673)
g. Urban planning services (CPC 8674)Ministry of Construction
Ministry of Commerce
5 h. Medical and dental services (CPC
9312)Ministry of Health
Ministry of Commerce
6 B. Computer and Related Services Ministry of Commerce, and its subordinate bodies
7 D. Real Estate Services Ministry of Construction, and its subordinate bodies
Ministry of Commerce, and its subordinate bodies
8 F. Other Business Services
a. Advertising Services (CPC 871)State Administration for Industry and Commerce
Ministry of Commerce
9 c. Management Consulting services
(CPC865)Ministry of Commerce, and its subordinate bodies
10 e. Technical testing and analysis
services (CPC 8676) and freightinspection covered by CPC 749,excluding statutory inspection
services for freight inspection
servicesState Administration for Quality Supervision and Inspection and Quarantine
Ministry of Commerce
11 f.  Services incidental to agriculture,
forestry, hunting and fishing(CPC 881 and 882)Ministry of Commerce, and its subordinate bodies
12 m. Related scientific technical
consulting services (CPC 8675)
-  Onshore oil-field servicesMinistry of CommerceS/C/W/234
Page 9Services sector or sub-sector Authorities responsible
13 -  Offshore oil-field services,
Geological, geophysical and other
scientific prospecting services(CPC 86751)
Sub-surface surveying service(CPC 86752)Ministry of Commerce
14 p. Photographic services  (CPC 875) Ministry of Commerce, and its subordinate bodies
15 q. Packaging services (CPC 876) Ministry of Commerce, and its subordinate bodies
16 s. Convention services (CPC 87909) Ministry of Commerce
17 t. 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 equipmentincluding computers (CPC845 and886)Ministry of Commerce, and its subordinate bodies
19 - Rental and leasing services
(CPC 831, 832 excludingCPC 83202)Ministry of Commerce
20 2. COMMUNICATION SERVICES
B. Courier Services (CPC 75121,
except for those currently
specifically reserved to Chinese
postal authorities by law)Ministry of Commerce
State Post Administration
21 C. Telecommunication Services Ministry of Information Industry
Ministry of Commerce
22 D. Audiovisual Services
- Video, including entertainment
software and (CPC 83202),distribution services
- Sound recording distribution
servicesMinistry of Culture
Ministry of CommerceS/C/W/234
Page 10Services sector or sub-sector Authorities responsible
23 -  Cinema Theatre Services State Administration of radio, Film and Television
Ministry of Commerce
24 3. CONSTRUCTION AND RELATED
ENGINEERING SERVICES(CPC 511, 512, 513,
4 514, 515, 516,
517, 5185)Ministry of Construction, Ministry of Communication
Ministry of Commerce
25 4. DISTRIBUTION SERVICES
A. Commission Agents’ Services
(excluding salt, tobacco)
B. Wholesale Trade Services
(excluding salt, tobacco)
C. Retailing Services (excluding
tobacco)Ministry of Commerce
For those phase-in products specifically provided for in th e Market Access Column of the distribution sector of the
Schedule, other relevant government authorities may also be involved.
26 5. EDUCATIONAL SERVICES Ministry of Education
27 6. ENVIRONMENTAL SERVICES State Environmental Protection Administration, Ministry of Commerce, and its subordinate bodies
28 7. FINANCIAL SERVICES
A. Insurance servicesChina Insurance Regulatory Commission
29 B. Banking Services People’s Bank of China, China Banking Regulatory Commission and its sub-national missions
30 - Securities China Securities Regulatory Commission
31 9. TOURISM AND TRAVEL
RELATED SERVICES
A. HotelsMinistry of Commerce, and its subordinate bodies
32 B. Travel Agency and Tour Operator
(CPC 7471)National Tourism Administration
Ministry of Commerce
                                                     
4 Including dredging services relating to infrastructure construction.
5 Coverage of CPC 518 is limited only to the rental and leasing services of construction and/or demolition machines with operato r which are owned and used by foreign construction enterprises in their supply of services.S/C/W/234
Page 11Services sector or sub-sector Authorities responsible
33 11.TRANSPORT SERVICES
A. Maritime Transport Services
- International transport (CPC 7211
and 7212 less cabotage transportservices)
H. Auxiliary Services
a. Maritime cargo-handling services
(CPC 741)
d. Container station and depot
services
e. Maritime agency services
B. Internal Waterways Transport
b. Freight transport (CPC 7222)Ministry of Communications
Ministry of Commerce
34 C. Air Transport Services
d. Aircraft repair and maintenance
services (CPC 8868)General Administration of Civil Aviation of China
Ministry of Commerce
35 - Computer Reservation System
servicesGeneral Administration of Civil Aviation of China
36 E. Rail Transport Services
- Freight transportation by rail (CPC
7112)Ministry of Railways
Ministry of Commerce
37 F. Road Transport Services
- Freight transportation by road in
trucks or cars (CPC 7123)Ministry of Communications
Ministry of Commerce
38 H. Services Auxiliary to all Modes of
Transport
- Storage and warehousing services
(CPC 742)Ministry of Commerce, and its subordinate bodies
39 - Freight forwarding agency services
(CPC 748 and 749 excluding freightinspection)Ministry of CommerceS/C/W/234
Page 12(d) Independence of the regulatory authorities from the service suppliers
With regard to the independence of the regulatory authoritie s from the service suppliers, China fully complies with its commitm ent of independent
regulation described in paragraph 309 of the Working Party Report on the accession of China.
(e) Foreign and domestic suppliers in sectors where specific commitments have been undertaken indicating the state of play of li censing applications
on sector and sub-sector levels (accepted, pending, rejected)
State of play of licensing applicat ions of foreign services supplier1Services sector or sub-sector
Approved Pending Rejected
II. SPECIFIC COMMITMENTS
2 1. BUSINESS SERVICES
A. Professional Servicesa. Legal Services (CPC861, excluding Chinese law practices)23 5 0
3 b. Accounting, auditing and bookkeeping services (CPC 862)
c. Taxation services (CPC 8630)17 1 0
4 d. Architectural services (CPC 8671)
e. Engineering services (CPC 8672)f. Integrated engineering services (CPC 8673)g. Urban planning services (CPC 8674)13 0
5 h. Medical and dental services (CPC 9312) 46 4 0
6 B. Computer and Related Services n.a.2n.a. n.a.
7 D. Real Estate Services 0 0 0
8 F. Other Business Services
a. Advertising Services (CPC 871)26 0 0
9 c. Management Consulting services (CPC865) n.a. n.a. n.a.
10 e. Technical testing and analysis services (CPC 8676) and freight
inspection covered by CPC 749, excluding statutory inspection services
for freight inspection services81 0
11 f.  Services incidental to agriculture, forestry, hunting and fishing (CPC 881
and 882)n.a. n.a. n.a.
12 m. Related scientific technical consulting services (CPC 8675)
-  Onshore oil-field services10 0S/C/W/234
Page 13State of play of licensing applicat ions of foreign services supplier1
13 -  Offshore oil-field services, Geological, geophysical and other scientific
prospecting services (CPC 86751)
Sub-surface surveying service (CPC 86752)72 0
14 p. Photographic services (CPC 875) n.a. n.a. n.a.
15 q. Packaging services (CPC 876) n.a. n.a. n.a.
16 s. Convention services (CPC 87909) 0 0 0
17 t. Translation and interpretation services (CPC 87905) n.a. n.a. n.a.
18 - Maintenance and repair services (CPC63, 6112 and 6122)
- Maintenance and repair services of office machinery and equipment
including computers (CPC 845 and 886)n.a. n.a. n.a.
19 - Rental and leasing services (CPC 831, 832 excluding CPC 83202) 0 0 0
20 2. COMMUNICATION SERVICES
B. Courier Services (CPC 75121,except for those currently specifically
reserved to Chinese postal authorities by law)35 6 0
21 C. Telecommunication Services 8 0 0
22 D. Audiovisual Services
- Video, including entertainment software and (CPC 83202), distribution
services
- Sound recording distribution services12 0
23 -  Cinema Theatre Services 4 0 0
24 3. CONSTRUCTION AND RELATED ENGINEERING SERVICES
(CPC 511, 512, 513,4 514, 515, 516, 517, 5185)164300
25 4. DISTRIBUTION SERVICES
A. Commission Agents’ Services (excluding salt, tobacco)
B. Wholesale Trade Services (excluding salt, tobacco)
C. Retailing Services (excluding tobacco)53 9 0
26 5. EDUCATIONAL SERVICES 50 2 0
27 6. ENVIRONMENTAL SERVICES n.a. n.a. n.a.
28 7. FINANCIAL SERVICES
A. Insurance services9 n.a. n.a.
29 B. Banking Services 58 16 18
30 - Motor vehicle financing by non-bank financial institutions 0 0 0
31 - Securities 10 4 1
                                                     
4 Including dredging services relating to infrastructure construction.
5 Coverage of CPC 518 is limited only to the rental and leasing services of construction and/or demolition machines with operato r which are owned and used by foreign construction enterprises in their supply of services.S/C/W/234
Page 14State of play of licensing applicat ions of foreign services supplier1
32 9. TOURISM AND TRAVEL RELATED SERVICES
A. Hotelsn.a. n.a. n.a.
33 B. Travel Agency and Tour Operator (CPC 7471) 2 9 0
34 11.TRANSPORT SERVICES
A. Maritime Transport Services
- International transport (CPC 7211 and 7212 less cabotage transport
services)
H. Auxiliary Services
a. Maritime cargo-handling services (CPC 741)d. Container station and depot services
e. Maritime agency services
B. Internal Waterways Transport
b. Freight transport (CPC 7222)n.a. n.a. n.a.
35 C. Air Transport Services
d. Aircraft repair and maintenance services (CPC 8868)351 10 9
36 - Computer Reservation System services 1 0 0
37 E. Rail Transport Services
- Freight transportation by rail (CPC 7112)00 0
38 F. Road Transport Services
- Freight transportation by road in trucks or cars (CPC 7123)56 4 0
39 H. Services Auxiliary to all Modes of Transport
- Storage and warehousing services (CPC 742)n.a. n.a. n.a.
40 - Freight forwarding agency services (CPC 748 and 749 excluding freight
inspection)35 6 0
Note:
1. This table gives the state of play of applications of foreign services suppliers from the date of China’s accession to the WTO till 31 Ju ly 2002.
2. n.a. = not available, due to lack of efficient statistics collection channel.
3. This particular number is the total approvals granted for foreig n services suppliers in this sector, instead of since China’s W TO accession.
__________