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跨境服务贸易负面清单管理制度
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助力服务贸易迈入制度型开放新阶段
Xin Lang Cai Jing· 2026-01-08 03:30
Core Viewpoint - The new Foreign Trade Law systematically upgrades international service trade by establishing a negative list management system for cross-border service trade, providing legal support for emerging fields such as digital trade and finance [1][2] Group 1: Legal Framework and Implementation - The new law incorporates the negative list management system for cross-border service trade, marking a significant step in China's institutional opening in the service trade sector [1][3] - This legal framework aligns with international high-standard trade rules, such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the Digital Economy Partnership Agreement (DEPA) [1] - The law reflects China's commitment to fulfilling obligations under the Regional Comprehensive Economic Partnership (RCEP), transitioning from a positive list to a negative list management model for service trade [2] Group 2: Focus on Cross-Border Service Trade - The negative list in the new law specifically targets cross-border service trade, applying uniformly to both foreign and domestic enterprises, thus creating a unified regulatory framework [2][3] - The law signifies a shift from an "element flow type" to a "rules and system type" in service trade, enhancing the legal certainty and operational scope for businesses [3] Group 3: Support for Digital and Green Trade - Digital trade and green trade are explicitly included in the legal framework, with the law supporting the development of new business models such as cross-border e-commerce and overseas warehouses [3][4] - The law mandates the establishment of corresponding rule systems for digital trade and green trade, promoting international recognition of digital certificates and electronic signatures [3][4] Group 4: Compliance and Regulatory Requirements - The new law emphasizes compliance through "full-chain supervision," requiring businesses to adhere to strict regulations regarding cross-border service trade activities [5] - Companies must ensure compliance with data security and intellectual property regulations, as the law outlines specific obligations related to data protection and the handling of intellectual property rights [5]
新修订的对外贸易法自明年3月起施行
Xin Lang Cai Jing· 2025-12-27 23:52
Core Points - The National People's Congress Standing Committee approved the revised Foreign Trade Law, which will take effect on March 1, 2026, marking the law's second revision since its initial implementation in 1994 [1][2] - The revision aims to align with the central government's strategy for promoting high-quality foreign trade development amidst significant changes in the global economic landscape and international rules [1] - The new law consists of eleven chapters and eighty-three articles, focusing on enhancing the overall requirements for foreign trade work, implementing reforms, and optimizing the trade development environment [1] Reform Measures - The law includes provisions for actively aligning with international high-standard economic and trade rules and participating in their formulation, establishing a negative list management system for cross-border service trade, and promoting new business models in foreign trade [2] - It supports the development of digital trade and accelerates the establishment of a green trade system, elevating these initiatives to the level of legal provisions [2] - To optimize the foreign trade environment, the law emphasizes strengthening intellectual property protection related to foreign trade and enhancing compliance and risk management capabilities for trade operators [2] Legal Tools and Responsibilities - The revised Foreign Trade Law enriches the legal toolkit for foreign trade, adding countermeasures and clarifying legal responsibilities [2] - It establishes a trade adjustment assistance system aimed at stabilizing industrial and supply chains [2]
对外贸易法全文发布,2026年3月1日起施行
Xin Lang Cai Jing· 2025-12-27 11:29
Group 1 - The law aims to promote high-level opening-up and high-quality development of foreign trade, maintain trade order, protect the legitimate rights and interests of foreign trade operators, and promote the healthy development of the socialist market economy [1] - The law applies to foreign trade and related intellectual property protection [2] - Foreign trade is defined as the import and export of goods, technology, and international service trade [3] Group 2 - The foreign trade work should serve the national economic and social development and promote the construction of a strong trading nation [4] - The State Council is responsible for overseeing national foreign trade work according to this law [5] - The country implements a unified foreign trade system, encourages the development of foreign trade, and maintains a fair and free trade order [6] Group 3 - The country establishes a compliance mechanism for trade policies that align with international rules [7] - China promotes and develops trade relations with other countries and regions based on the principle of equality and mutual benefit [7] - The country can take corresponding measures against any country or region that adopts discriminatory measures against China in trade [7] Group 4 - Foreign trade operators are defined as individuals or organizations that engage in foreign trade activities in accordance with the law [8] - Those engaged in foreign labor cooperation must obtain the necessary qualifications [9] - The state may implement state-run trade management for certain goods, allowing only authorized enterprises to conduct import and export business [9] Group 5 - The state permits the free import and export of goods and technology, except as otherwise provided by law [11] - The State Council may implement automatic licensing for certain goods based on monitoring import and export situations [11] - The state can prohibit or restrict the import and export of certain goods and technologies for reasons such as national security and public interest [13][14] Group 6 - The state encourages various models of international service trade, including cross-border delivery and overseas consumption [27] - The State Council manages international service trade in accordance with this law and other relevant regulations [28] - The state can prohibit or restrict international service trade for reasons such as national security and public health [29] Group 7 - The state strengthens intellectual property protection related to foreign trade and promotes international cooperation in this area [20] - Measures can be taken against the import of goods that infringe on intellectual property rights and harm trade order [21] - The state can take necessary measures against countries that do not provide adequate intellectual property protection for Chinese entities [21] Group 8 - The law prohibits monopolistic or unfair competition practices in foreign trade activities [22] - Specific behaviors that violate trade order, such as smuggling and tax evasion, are strictly prohibited [23] - The State Council can announce and take necessary measures against violations that harm foreign trade order [39] Group 9 - The state can take appropriate trade remedy measures based on the results of foreign trade investigations [44] - Anti-dumping measures can be implemented against products entering the market at below normal value that harm domestic industries [45] - Safeguard measures can be taken in response to a significant increase in imports that threaten domestic industries [48] Group 10 - The state supports the development of foreign trade by establishing financial institutions and improving insurance measures [56] - The state encourages the innovation of foreign trade models, including cross-border e-commerce [59] - The state promotes the digital development of foreign trade and supports the use of digital tools in trade activities [60]
商务部:完善跨境服务贸易负面清单管理制度
Xin Hua Cai Jing· 2025-12-11 12:39
Core Viewpoint - The Ministry of Commerce is preparing for the implementation of the closure policy starting from December 18, 2025, to support the innovative development of Hainan Free Trade Port [1][2] Group 1: Policy Implementation - The Ministry of Commerce aims to leverage the closure operation as an opportunity to promote institutional openness and establish Hainan Free Trade Port as a key gateway for China's new era of opening up [1] - The Ministry will coordinate development and security, ensuring the smooth implementation of the closure policy and aligning trade management policies with "zero tariffs" and tax exemptions for processing and value-added [1] Group 2: Economic Growth - In the first three quarters, Hainan's service trade grew by 23.1%, and actual foreign investment increased by 42.2% [2] - The Ministry supports the establishment of cross-border e-commerce pilot zones across Hainan Island and the implementation of a negative list for cross-border service trade [2] Group 3: Events and Initiatives - The Ministry plans to organize the China International Consumer Products Expo and other events like "Invest in China" and "Export to China" to enhance Hainan Free Trade Port's construction and expand international cooperation opportunities [1]
盛秋平:将建立健全跨境服务贸易负面清单管理制度
Xin Jing Bao· 2025-09-11 08:40
Group 1 - The Ministry of Commerce plans to establish a negative list management system for cross-border service trade [1] - There will be efforts to expand pilot programs in the telecommunications and healthcare sectors [1] - The education and cultural sectors will see a gradual and orderly expansion of autonomous opening [1] Group 2 - The Ministry of Commerce will continue to advance the process of joining the Comprehensive and Progressive Agreement for Trans-Pacific Partnership and the Digital Economy Partnership Agreement [1] - There is a focus on aligning with more high-standard economic and trade rules [1] - The goal is to promote a higher level of openness in service trade [1]
跨境服务贸易负面清单是否发挥了预期作用?商务部回应
Zhong Guo Xin Wen Wang· 2025-08-27 04:01
Group 1 - The establishment of a negative list management system for cross-border service trade is a significant initiative by China to align with international high-standard economic and trade rules, promoting institutional openness [1][2] - The implementation of the negative list management has effectively enhanced the transparency and predictability of management, laying a solid foundation for creating a stable and predictable institutional environment [2] - Various open arrangements have been made in free trade pilot zones and Hainan Free Trade Port, expanding service market openness, with measures already being effectively implemented [2] Group 2 - Foreigners can now take qualification exams for various professional services in free trade pilot zones, and overseas individuals can open securities or futures accounts to engage in investment consulting [2] - The Ministry of Commerce is continuously monitoring the implementation of the negative list and is working with relevant departments to address any issues encountered during the process [2] - Future efforts will focus on aligning with international high-standard economic and trade rules to progressively advance the gradient opening of cross-border service trade, enhancing the level of service trade liberalization and facilitation [2]