Sales Hotline
News
Your present location:
   
The Ministry of Agriculture and Rural Affairs answered questions on the measures related to the entry of foreign investment in the negative list of crops
Source: | Author:hblingfeng | Published time: 2018-11-22 | 1102 Views | Share:
The responsible person of the Ministry of Agriculture and Rural Affairs has a negative list of foreign investment access

Report on the relevant measures for crop seed industry

Question: In June this year, the Development and Reform Commission and the Ministry of Commerce issued the “Special Management Measures for Foreign Investment Access (Negative List) (2018 Edition)”, which greatly eased the market access for foreign investment in crop varieties. How is this initiative considered?

A: The 19th National Congress of the Communist Party of China proposed to promote a new pattern of comprehensive opening up. General Secretary Xi Jinping pointed out at the Boao Forum that the door to China's opening will not be closed, and it will only open wider and larger, and will greatly liberalize foreign investment. The Guiding Opinions of the Central Committee of the Communist Party of China and the State Council on Supporting Hainan's Comprehensive Deepening of Reform and Opening-up clearly clarify the opening up of modern agriculture around key areas such as seed industry. The Notice of the State Council on Certain Measures for Active and Effective Use of Foreign Capital to Promote High-Quality Economic Development (Guo Fa [2018] No. 19) requires the cancellation or relaxation of foreign investment access restrictions in the seed industry. In accordance with the central decision-making arrangements, the Ministry of Agriculture and Rural Affairs has unswervingly promoted the opening up of the seed industry and promoted the high-quality development of the seed industry with a high level of openness. In June this year, with the approval of the Party Central Committee and the State Council, the Development and Reform Commission and the Ministry of Commerce issued the Special Management Measures for Foreign Investment Access (Negative List) (2018 Edition) and the Special Management Measures for Foreign Investment Access in the Free Trade Zone. The list) (2018 edition) will further expand the opening up of the seed industry, greatly relax the restrictions on foreign investment access in the seed industry, and substantially increase the level of opening up of the seed industry.

Crop seed industry is a national strategic basic core industry and the foundation for safeguarding national food security. Expanding the opening up of the seed industry is an important part of building a new pattern of comprehensive national openness, and it reflects China's firm determination to expand its opening up to the outside world. Expanding the opening up of seed industry is an objective need to deepen the structural reform of the supply side of agriculture. It is conducive to accelerating the introduction of new famous and new varieties of foreign countries, accelerating the rapid development of characteristic crop industries, and meeting the needs of the broad masses of people for special agricultural products.

Q: The Development and Reform Commission and the Ministry of Commerce issued the "Special Management Measures for Foreign Investment Access (Negative List) (2018 Edition)" and "Special Management Measures for Foreign Investment Access in the Free Trade Zone (Negative List) (2018 Edition)". What are the main contents of the two negative lists involved in the seed industry? What is the difference between the 2017 negative list and the negative version?

A: The 2018 version of the negative list of foreign investment access issued by the Development and Reform Commission and the Ministry of Commerce has two versions, namely the “Special Management Measures for Foreign Investment Access (Negative List)” (hereinafter referred to as “2018 National Edition”) applicable nationwide. And the "Special Management Measures for Foreign Investment Access in the Free Trade Zone (Negative List)" (hereinafter referred to as "2018 Free Trade Zone Edition") applicable in the scope of the Pilot Free Trade Zone.

In the prohibited area, the two negative list provisions are identical. It mainly includes two items: First, it is forbidden to invest in the research and development, breeding, planting and production of related reproductive materials (including good genes for planting, animal husbandry and aquaculture) of China's rare and unique precious varieties; second, it is forbidden to invest in crops, Breeding of transgenic varieties of livestock and poultry and aquatic fingerlings and production of transgenic seeds (seedlings). Rice and soybeans in the crop industry are still in the field of prohibiting foreign investment.

In the restricted area, the two negative lists have different requirements for foreign-invested shares, and the 2017 edition of the “Special Management Measures for Foreign Investment Access (Negative List of Foreign Investment Admission)” and the Special Management Measures for Foreign Investment Access in the Free Trade Zone ( The negative list was adjusted compared to the negative list (2017 version). The "2018 National Edition" reduces the crop restrictions of foreign-invested seed industry from "crops" to "wheat, corn" and requires Chinese to hold (the Chinese shareholding ratio is not less than 51%). The “2018 Pilot Free Trade Zone Edition” reduced the crop restrictions of foreign-invested seed industry from “crops” to “wheat and corn”, requiring the Chinese to hold no less than 34%.

Q: The policy adjustment of foreign investment in crop seed industry has been highly concerned at home and abroad. How can I go through the relevant procedures? What measures will the Ministry of Agriculture and Rural Affairs take next to implement the opening up of the seed industry?

A: According to the "Seed Law" and foreign investment and other relevant laws and regulations, foreign investment in corn and wheat seed industry must be allowed to enter; rice and soybean seed industry are prohibited from foreign investment, and applications are not accepted. At the same time, foreign-invested seed enterprises are engaged in seed production and management activities, whether it is corn, wheat or other crops, they need to apply for the “Crop Seed Production and Operation Permit”. The application for the permit is accepted and reviewed by the provincial agricultural authority, and reported to the Ministry of Agriculture and Rural Affairs. Issued.

In the next step, the Ministry of Agriculture and Rural Affairs will resolutely implement the Party Central Committee and the State Council, and further simplify the examination and approval procedures and change management methods in accordance with the laws and regulations such as the Seed Law, the Management Measures for Crop Seed Production and Operation Licenses, and the Negative List of Foreign Investment Admission. Engage in pre-license to post-event supervision and transfer, strengthen intellectual property protection, crack down on infringements, implement relevant policies, optimize the development environment of seed industry, welcome foreign investment in seed industry, and carry out seed production and management activities according to law. At the same time, further improve the relevant laws and regulations of the seed industry, establish and improve the seed industry information monitoring and security early warning mechanism, ensure the safety of the national seed industry, and create a new pattern of open development of seed industry.