Market Access Commitment-to-Entry System in the Hainan Free Trade Port

Summary

The Market Access Commitment-to-Entry System allows enterprises to enter the market and begin operations immediately upon submitting a written compliance commitment and filing materials, without needing prior approvals or licences, except in areas involving national security, social stability, ecological red lines, and major public interests.

Hainan has already cancelled six administrative licensing items and replaced them with commitment-based entry and post-entry supervision.

This system is designed to simplify market entry, reduce administrative burden, and improve the overall business environment for domestic and foreign investors.

Source Documents:

海南自由贸易港实施市场准入承诺即入制管理规定（2022）

海南省人大常委会关于取消六项行政许可事项的决定（2022）

海南自由贸易港违反市场准入承诺即入制失信惩戒若干规定（2023）

What the Policy Does

The Commitment-to-Entry System replaces traditional pre-approval procedures with a simplified process:

1. Enterprises file materials and submit a written commitment stating that they meet all mandatory standards and conditions.

2. The authority immediately issues a filing certificate.

3. The enterprise may begin operations at once.

4. Authorities conduct follow-up verification, inspections, and credit-based supervision.

Licences and approvals are cancelled in areas where only mandatory standards apply. A filing system, unified documentation, and post-entry regulatory rules are established for each sector.

Who Can Use It

Any market entity operating inside the Hainan Free Trade Port may use the Commitment-to-Entry System, provided:

The activity is not in a field requiring national-level access control (national security, social stability, ecological red lines, major public interests)

The activity is subject to mandatory standards rather than special licensing.

The enterprise submits complete filing materials and signs the required commitment letter.

Foreign investors and foreign-invested enterprises may also use the system, but must submit foreign investment information reports in accordance with law.

Key Clauses

These are drawn from the three official documents (2022–2024):

1. The system cancels licensing and approval requirements in eligible fields and replaces them with filing + written commitment.

2. Hainan maintains a dynamic list of activities that qualify for commitment-based entry.

3. Authorities must provide a one-time, complete, quantifiable list of standards, materials, methods, deadlines, and regulatory rules.

4. A filing certificate must be issued immediately when materials and commitments are submitted.

5. Authorities verify commitments within two months, using risk-based and random inspections.

6. Filing information becomes part of the enterprise’s public credit record.

7. Serious violations result in entry into the “List of Seriously Untrustworthy Market-Entry Commitment Subjects” and trigger credit-based restrictions and disciplinary measures.

8. Serious violators may be barred from using the system for other business activities until removed from the list.

9. Enterprises that previously held cancelled licences may continue operating during the current validity period but must switch to commitment-based filing when the licence expires.

Practical Impact for Investors and Enterprises

Faster market entry: Companies can begin operations immediately after filing, with no waiting period.

Lower administrative burden: Eliminates multiple approvals, renewals, and qualification reviews.

Greater transparency: Clear disclosure of mandatory standards and filing requirements.

Stronger post-entry supervision: Enterprises must ensure continuous compliance with standards.

Higher compliance responsibility: False commitments lead to legal penalties, credit sanctions, and restrictions on participation in government programmes and bidding.

Foreign investors benefit from the same streamlined entry process as domestic investors, enhancing openness and investment convenience.

Lead Department

Hainan Provincial Administration for Market Regulation
Website: https://amr.hainan.gov.cn/
Address: Hainan Provincial Government Service Centre, 3 Wuzhishan South Road, Meilan District, Haikou
Email: hngsqyzcj@163.com
Tel: 0898-65203151
Responsible Division: Registration Administration Bureau

Frequently Asked Questions

1. Which items currently use the Commitment-to-Entry System?

The first batch includes six cancelled administrative licensing items:

B-level water conservancy project quality testing qualification

Licence for operating high-risk sports activities (swimming, rock climbing, skiing)

Production licence for pressure cookers (stainless steel and aluminium)

Production and operation licences for edible fungus strains (black fungus, shiitake, button mushrooms, oyster mushrooms)

Production and operation licence for silkworm seed (mulberry silkworm original seed)

Qualification recognition for launching unmanned free balloons and tethered balloons

More items may be added as the list is dynamically adjusted.

2. What happens if an enterprise makes a false commitment?

If an enterprise submits false materials or fails to meet mandatory standards, it will be required to correct the violation. If it refuses, administrative penalties apply, and the enterprise may be placed on the seriously untrustworthy list, triggering extensive restrictions.

3. How long does an enterprise remain on the seriously untrustworthy list?

Three years, after which it may be removed.
Early removal is possible after one year if specific conditions are met (fulfilling penalties, eliminating harmful consequences, and no new major violations).

4. Can foreign-invested enterprises use the system?

Yes. They follow the same process as domestic enterprises but must also submit investment information under the Foreign Investment Law.