Up to October 2016, all FDI projects in China were subject to prior central or local government approval (FDI screening). Since then, only those foreign investments in 'restricted' activities listed in the 'negative list' (Special Administrative Measures for Access of Foreign Investment (Negative List)) are subject to prior government approval. In agriculture, this includes the selection of new wheat varieties and seed production; the research and development, cultivation and plantation of Chinese rare and unique precious fine varieties; and the breeding of genetically modified varieties of crop seeds, livestock and poultry breeds and aquatic breeds.
"Article 2. This Law shall apply to foreign investment within the territory of the People's Republic of China (hereinafter referred to as the territory of China).
The term "foreign investment" as mentioned in this Law refers to investment activities conducted directly or indirectly in China by foreign natural persons, enterprises or other organizations (hereinafter referred to as foreign investors), including the following situations:
(1) A foreign investor establishes a foreign-invested enterprise in China alone or jointly with other investors;
(2) Foreign investors acquire shares, equities, property shares or other similar rights and interests of enterprises within the territory of China;
(3) Foreign investors alone or jointly with other investors invest in new projects in China;
(4) Investment in other forms prescribed by laws, administrative regulations or the State Council.
The term "foreign-invested enterprises" as mentioned in this Law refers to enterprises wholly or partly invested by foreign investors and registered and established within the territory of China in accordance with Chinese laws.
[...]
Article 4. The state implements a pre-establishment national treatment plus negative list management system for foreign investment.
The pre-establishment national treatment referred to in the preceding paragraph refers to the treatment given to foreign investors and their investments at the stage of investment access no less than that given to domestic investors and their investments; Special access management measures for investment implementation. The state shall give national treatment to foreign investment outside the negative list.
[...]
Chapter IV - Investment Management
Article 28. Foreign investors are not allowed to invest in fields that are prohibited from investing in the negative list for foreign investment access.
Foreign investors should meet the conditions stipulated in the negative list to invest in the areas where investment is restricted by the negative list for foreign investment access.
Fields outside the negative list for foreign investment access shall be managed in accordance with the principle of consistency between domestic and foreign investment.
Article 29. Foreign investors who need to go through investment project approval and filing shall follow the relevant state regulations.
Article 30. Foreign investors who invest in industries and fields that require licensing according to law shall go through relevant licensing procedures according to law.
Relevant competent departments shall review foreign investors' applications for permits in accordance with the same conditions and procedures as those for domestic investment, unless otherwise stipulated by laws and administrative regulations.[...]'" (Foreign Investment Law of the People's Republic of China of 15 March 2019, as amended)
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"I. The Special Administrative Measures  for Foreign Investment Access (Negative List) (hereinafter referred to as the "Negative List") uniformly set out special administrative measures for foreign investment access regarding equity requirements and requirements for senior management. Sectors not covered in the Negative List shall be subject to administration in accordance with the principle of equal treatment for domestic and foreign investments.
[...]
III. Overseas investors are forbidden to engage in investment activities as owners of individual businesses, investors of sole proprietorships, or members of farmers' professional cooperatives. 
[...]
VI. Where the Mainland and Hong Kong Closer Economic Partnership Arrangement and its follow-up agreements, the Mainland and Macao Closer Economic Partnership Arrangement and its follow-up agreements, the Cross-Straits Economic Cooperation Framework Agreement and its follow-up agreements, and any international convention or treaty of which China is a contracting state or to which China has acceded, set out provisions on access treatment for overseas investors that are more preferential, such provisions shall apply. If more preferential opening-up measures are taken for eligible investors in special economic zones such as pilot free trade zones, relevant provisions shall apply. 
[...]
I. Agriculture, forestry, animal husbandry, and fishery 
1. The Chinese side shall hold no less than 34% of the shares for the selection of new wheat varieties and seed production, and the selection of new corn varieties and seed production shall be controlled by the Chinese side. 
2. Investment in research and development, cultivation and plantation of Chinese rare and unique precious fine varieties, as well as manufacturing of the relevant propagating materials, (including fine genes of planting, animal husbandry, and aquaculture), shall be prohibited. 
3.  Investment in breeding genetically modified varieties of crop seeds, livestock and poultry breeds and aquatic breeds, as well as manufacturing of genetically modified seeds (seedlings) thereof, shall be prohibited. 
4. Investment in fishing of aquatic products in sea areas and inland waters under Chinese jurisdiction shall be prohibited. [...]" (Special Administrative Measures  for Foreign Investment Access (Negative List) (2021 Edition) )
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"2020 Special Administrative Measures for Admission of Foreign Investments (Negative List) (2020 version):
1. Agriculture, forestry, animal husbandry and fishery
Seed industry
1.1 The Chinese shareholding ratio in the selection and breeding of new wheat varieties and seed production shall not be less than 34%, and the selection and breeding of new maize varieties and seed production must be controlled by the Chinese party. 
1.2. Investment in R&D, cultivation and plantation of Chinese rare and unique precious fine varieties, as well as manufacturing of the relevant propagative materials (including excellent genes of planting, husbandry and aquaculture) shall be prohibited.
1.3. It is forbidden to invest in the selection of genetically modified varieties of crops, breeding livestock and aquatic products and their genetically modified seeds. [...]" (Special Administrative Measures  for Foreign Investment Access (Negative List) (2020 Edition))
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"2018 Special Administrative Measures for Admission of Foreign Investments (Negative List) (2018 version):
1. Agriculture, forestry, animal husbandry and fishery
Seed industry
1.1 Breeding of new varieties of wheat and corn and seed production must be controlled by the Chinese side. 
1.2. It is forbidden to invest in R&D, breeding, planting and related breeding materials of China's rare and special varieties. Production of [relevant breeding] materials (including planting, animal husbandry, and excellent genes in aquaculture). 
1.3. It is forbidden to invest in the selection of genetically modified varieties of crops, breeding livestock and aquatic products and their genetically modified seeds.  [...]"(Special Administrative Measures  for Foreign Investment Access (Negative List) (2018 Edition))
Foreign Investment Law of the People's Republic of China of 15 March 2019, as amended
Special Administrative Measures  for Foreign Investment Access (Negative List) (2021 Edition)
Special Administrative Measures  for Foreign Investment Access (Negative List) (2020 Edition)
Special Administrative Measures  for Foreign Investment Access (Negative List) (2019 Edition)
Special Administrative Measures  for Foreign Investment Access (Negative List) (2018 Edition)
[<a href="http://www.gov.cn/xinwen/2019-03/20/content_5375360.htm">Law</a>],[<a href="https://www.tjftz.gov.cn/tisip/upload/files/2022/4/TheSpecialAdministrativeMeures(NegativeList)forForeignInvestmentAccess(2021Edition).pdf">List</a>],[<a href="https://www.ndrc.gov.cn/xxgk/zcfb/fzggwl/202006/P020200624549035288187.pdf">List</a>],[<a href="http://images.mofcom.gov.cn/wzs/201906/20190629212130154.pdf">List</a>],[<a href="https://www.ndrc.gov.cn/xxgk/zcfb/fzggwl/201806/W020190905495140644002.pdf">List</a>]