China -  Chinese law firm

Are foreign investments in Internet and E-commerce subject to these rules?

As per the list of the two types of services, ISP, ICP, online data processing and transactions processing are classified as value-added businesses and thus open to foreign investment.

In addition to the application-approval process for telecom joint ventures, business-based Internet information service providers need to undergo other approval and/or license processes. Entities engaged in "business-based internet information services" are required to obtain licenses from the MII or relevant provincial authorities. "Business-based internet information services" are defined as online services providing information or designing web pages for users. In addition to requiring compliance with the telecom rules, the internet regulations specify that entities engaged in business-based internet information services must have business development plans, information security measures, and special approval for services "concerning news releases, publications, education, health care, pharmaceuticals and medical instruments, etc."

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