WORLD TRADE
ORGANIZATIONS/C/W/218
22 October 2002
(02-5761)
Council for Trade in Services Original:  English
COMMUNICATION FROM THE PEOPLE'S REPUBLIC OF CHINA
Notification under Section 18 of China's Protocol of Accession
to the Council for Trade in Services
The following communication has been received from the delegation of the People's Republic
of China with the request that it be circulated to Members of the Council for Trade in Services.
_______________S/C/W/218
Page 2COUNCIL 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
(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’ Represen tative Offices of Hong Kong SAR and Macao SAR
2002/3/13
Rules on the Implementation of Regulations on Administration of Foreign Law Firms’ Representative Offices in China
2002/7/31S/C/W/218
Page 3Services sector or sub-sectorName of Relevant Laws, Regulations and/or Administrative Measures
and Date of Publication or Entering into force
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
1996/3/28Provisional Rules on Administration of Representative Offices of Foreign Accounting Firm1996/1/4
Notice Concerning Permission for International Accounting Firms to Identify Member Firms in China
1996/1/22
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 Examination and Approval of the Establishment of Sino-foreign Engineering Design Institutes
1992/4/16
5 h. Medical and dental services
(CPC 9312)Interim Measures for Administration of Sino-Foreign Joint Venture and Cooperative Medical Institutions
2000/5/15Interim Measures on Administration of Foreign Physicians’ Short-Term Practising in China1992/10/7
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
Approval Corporation with Foreign Investment
1995/10/9
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 86752Regulations on Exploitation of Offshore Petroleum Resources in Cooperation with Foreign Enterprises
2001/9/23S/C/W/218
Page 4Services sector or sub-sectorName of Relevant Laws, Regulations and/or Administrative Measures
and Date of Publication or Entering into force
14 p. Photographic services CPC 875 Laws, regulations and administra tive measures listed in the Horizontal Commitment part are fo llowed
15 q. Packaging services CPC 876 Laws, regulations and administrative measures listed in the Horizontal Commitment part are follo wed
16 s. Convention services CPC 87909 Laws, regulations and administrative measures listed in the Horizontal Commitment part are fo llowed
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 equipmentincluding computers (CPC 845 and886)Laws, regulations and administrative measures listed in the Horizontal Commitment part are followed
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 specificallyreserved to Chinese postalauthorities by law)Rules on Administration of International Freight Forwarding Agency Enterprises with Foreign Investment
2001/12/19
Notice on the Entrustment Management of Postal and Delivery Services for Cross-border Letters and Materials ofLetters in Nature2001/12/20Supplementary Notice on the Engagement in Postal and Delivery Services for Cross-border Letters and Materials ofLetters in Nature
2002/9/5
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)Rules on the Establishment of Foreign-Invested Construction Enterprises
1995/9/18
                                                     
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/218
Page 5Services sector or sub-sectorName of Relevant Laws, Regulations and/or Administrative Measures
and Date of Publication or Entering into force
25 4. DISTRIBUTION SERVICES
A. Commission Agents’ Services
(excluding salt, tobacco)
B. Wholesale Trade Services
(excluding salt, tobacco)
C. Retailing Services (excluding
tobacco)Measures on the Trial of Foreign-Invested Merchandising Enterprises
1999/6/25
26 5. EDUCATIONAL SERVICES Interim Provisions for Sino-Foreign Cooperation in Running Schools
1995/1/26
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
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
2002/6/13Proclamation by the People’s Bank of China on the Related Issues of Foreign-Funded Financial Institutions’ MarketAccess2001/12/9
30 - Motor vehicle financing by non-bank
financial institutionsThe regulation is at the final stage of formulation and a draft has been published on the official website of the People’s
Bank of China (www.pbc.gov.cn) for public comments.
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 SERVICES
A. 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
2001/12/11S/C/W/218
Page 6Services sector or sub-sectorName of Relevant Laws, Regulations and/or Administrative Measures
and Date of Publication or Entering into force
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)Regulations on International Maritime Transportation
2001/12/11
35 C. Air Transport Services
d. Aircraft repair and maintenance
services (CPC 8868)Rules on Certification of Maintenance Organization for Civil Aircraft
2001/12/21
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 China
1995/3/20Provisional 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)Provisions on Administration of International Freight Forwarding Agency Enterprises with Foreign Investment
2001/12/19S/C/W/218
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 in full text English translation to the Council for  Trade in Services pursuant
to Article 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 inusual business in China either as jointventures or wholly-owned subsidiariessubject to the Chinese laws on joint venturesand on foreign capital enterprises for shipsowned or operated by carriers of the partiesconcerned.Unspecified
Algeria, Bangladesh, Brazil, Zaire Still 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/218
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 laws, regulations, administrative guidelines and other measures affec ting trade in
services
Services sector or sub-sector Authorities responsible
II. SPECIFIC COMMITMENTS
2 1. BUSINESS SERVICES
A. Professional Servicesa. 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 Foreign Trade and Economic Cooperation
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 Foreign Trade and Economic Cooperation
5 h. Medical and dental services (CPC
9312)Ministry of Health
Ministry of Foreign Trade and Economic Cooperation
6 B. Computer and Related Services Ministry of Foreign Trade and Economic Cooperation, and its subordinate bodies
7 D. Real Estate Services Ministry of Construction, and its subordinate bodies
Ministry of Foreign Trade and Economic Cooperation, and its subordinate bodies
8 F. Other Business Services
a. Advertising Services (CPC 871)State Administration for Industry and Commerce
Ministry of Foreign Trade and Economic Cooperation
9 c. Management Consulting services
(CPC865)Ministry of Foreign Trade and Economic Cooperation, and its subordinate bodies
10 e. Technical testing and analysis
services (CPC 8676) and freight
inspection covered by CPC 749,
excluding statutory inspectionservices for freight inspectionservicesState Administration for Quality Supervision and Inspection and Quarantine
Ministry of Foreign Trade and Economic Cooperation
11 f.  Services incidental to agriculture,
forestry, hunting and fishing(CPC 881 and 882)Ministry of Foreign Trade and Economic Cooperation, and its subordinate bodies
12 m. Related scientific technical
consulting services (CPC 8675)
-  Onshore oil-field servicesMinistry of Foreign Trade and Economic CooperationS/C/W/218
Page 9Services sector or sub-sector Authorities responsible
13 -  Offshore oil-field services,
Geological, geophysical and otherscientific prospecting services(CPC 86751)
Sub-surface surveying service
(CPC 86752)Ministry of Foreign Trade and Economic Cooperation
14 p. Photographic services  (CPC 875) Ministry of Foreign Trade and Economic Cooperation, and its subordinate bodies
15 q. Packaging services (CPC 876) Ministry of Foreign Trade and Economic Cooperation, and its subordinate bodies
16 s. Convention services (CPC 87909) Ministry of Foreign Trade and Economic Cooperation
17 t. Translation and interpretation
services (CPC 87905)Ministry of Foreign Trade and Economic Cooperation, 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 and886)Ministry of Foreign Trade and Economic Cooperation, and its subordinate bodies
19 - Rental and leasing services
(CPC 831, 832 excludingCPC 83202)Ministry of Foreign Trade and Economic Cooperation
20 2. COMMUNICATION SERVICES
B. Courier Services (CPC 75121,
except for those currentlyspecifically reserved to Chinesepostal authorities by law)Ministry of Foreign Trade and Economic Cooperation
21 C. Telecommunication Services Ministry of Information Industry
Ministry of Foreign Trade and Economic Cooperation
22 D. Audiovisual Services
- Video, including entertainment
software and (CPC 83202),distribution services
- Sound recording distribution
servicesMinistry of Culture
Ministry of Foreign Trade and Economic CooperationS/C/W/218
Page 10Services sector or sub-sector Authorities responsible
23 -  Cinema Theatre Services State Administration of radio, Film and Television
Ministry of Foreign Trade and Economic Cooperation
24 3. CONSTRUCTION AND RELATED
ENGINEERING SERVICES(CPC 511, 512, 513,
4 514, 515, 516,
517, 5185)Ministry of Construction
Ministry of Foreign Trade and Economic Cooperation
25 4. DISTRIBUTION SERVICES
A. Commission Agents’ Services
(excluding salt, tobacco)
B. Wholesale Trade Services
(excluding salt, tobacco)
C. Retailing Services (excluding
tobacco)State Economic and Trade Commission
Ministry of Foreign Trade and Economic Cooperation
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 Ministry of Foreign Trade and Economic Cooperation, and its subordinate bodies
28 7. FINANCIAL SERVICES
A. Insurance servicesChina Insurance Regulatory Commission
29 B. Banking Services The People’s Bank of China
30 - Motor vehicle financing by non-bank
financial institutionsThe People’s Bank of China
31 - Securities China Securities Regulatory Commission
32 9. TOURISM AND TRAVEL
RELATED SERVICES
A. HotelsMinistry of Foreign Trade and Economic Cooperation, and its subordinate bodies
33 B. Travel Agency and Tour Operator
(CPC 7471)National Tourism Administration
Ministry of Foreign Trade and Economic Cooperation
                                                     
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/218
Page 11Services sector or sub-sector Authorities responsible
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)Ministry of Communications
Ministry of Foreign Trade and Economic Cooperation
35 C. Air Transport Services
d. Aircraft repair and maintenance
services (CPC 8868)General Administration of Civil Aviation of China
Ministry of Foreign Trade and Economic Cooperation
36 - Computer Reservation System
servicesGeneral Administration of Civil Aviation of China
37 E. Rail Transport Services
- Freight transportation by rail (CPC
7112)Ministry of Railways
Ministry of Foreign Trade and Economic Cooperation
38 F. Road Transport Services
- Freight transportation by road in
trucks or cars (CPC 7123)Ministry of Communications
Ministry of Foreign Trade and Economic Cooperation
39 H. Services Auxiliary to all Modes of
Transport
- Storage and warehousing services
(CPC 742)Ministry of Foreign Trade and Economic Cooperation, and its subordinate bodies
40 - Freight forwarding agency services
(CPC 748 and 749 excluding freight
inspection)Ministry of Foreign Trade and Economic CooperationS/C/W/218
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 commitm ents 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 Services
a. Legal Services (CPC861, excluding Chinese law practices)17 0 0
3 b. Accounting, auditing and bookkeeping services (CPC 862)
c. Taxation services (CPC 8630)94 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) 14 6 0
6 B. Computer and Related Services n.a.2n.a. n.a.
7 D. Real Estate Services n.a. n.a. n.a.
8 F. Other Business Services
a. Advertising Services (CPC 871)10 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 servicesfor freight inspection services00 0
11 f.  Services incidental to agricultur e, 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/218
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)11 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)16 10 0
21 C. Telecommunication Services 1 2 0
22 D. Audiovisual Services
- Video, including entertainment software and (CPC 83202), distribution
services
- Sound recording distribution services12 0
23 -  Cinema Theatre Services 2 1 0
24 3. CONSTRUCTION AND RELATED ENGINEERING SERVICES
(CPC 511, 512, 513,4 514, 515, 516, 517, 5185)112300
25 4. DISTRIBUTION SERVICES
A. Commission Agents’ Services (excluding salt, tobacco)B. Wholesale Trade Services (excluding salt, tobacco)C. Retailing Services (excluding tobacco)99 0
26 5. EDUCATIONAL SERVICES 36 0 0
27 6. ENVIRONMENTAL SERVICES n.a. n.a. n.a.
28 7. FINANCIAL SERVICES
A. Insurance services32 3 0
29 B. Banking Services 7 34 0
30 - Motor vehicle financing by non-bank financial institutions 0 0 0
31 - Securities 0 4 0
                                                     
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/218
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 0 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)00 0
35 C. Air Transport Services
d. Aircraft repair and maintenance services (CPC 8868)10 0
36 - Computer Reservation System services 0 1 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)30 15 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)16 10 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.
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