Commercial Presence in China
Form of Establishment
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Foreign service suppliers may provide management consulting and taxation
services through joint ventures, with foreign majority ownership permitted.
By December 11, 2007, wholly foreign-owned subsidiaries may be established.
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Foreign accounting firms may establish wholly foreign-owned subsidiaries.
They may also affiliate with Chinese firms and enter into contracts with
their affiliated firms in other WTO countries.
Licensing
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Licenses will be issued to those foreigners who pass China’s national CPA
examination will be done on the basis of national treatment.
Those applying for a license will be notified of the decision within 30
days after submitting a complete application.
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Only Certified Public Accountants, licensed by China’s authorities, may
provide accountancy services in China.
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Existing contractual joint venture accounting firms may provide services
through CPAs licensed in other countries.
Scope of Activities
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Suppliers of accounting, auditing, and bookkeeping services as well as
taxation services and management consulting services will be accorded national
treatment.
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Accounting firms may provide taxation and management consulting services
and will not be subject to additional form of establishment requirements.
Presence of Natural Persons in China
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Managers, executives, and specialists of a representative office, branch,
or subsidiary in China, temporarily moving as intra-corporate transferees,
will be permitted an initial stay of three years.
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Managers, executives, and specialists of foreign-invested enterprises in
China will be granted a long-term stay permit as stipulated in the terms
of contracts concerned or an initial stay of three years, whichever is
shorter.
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Service salespersons who are not based in China, and who meet certain other
conditions set out in China’s services schedule, are limited to a 90-day
stay.
Cross-Border Supply of Services
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The cross-border supply of accounting, taxation, and management consulting
services is not subject to market access restrictions and is accorded national
treatment.
Consumption of Services Abroad
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The provision of accounting, taxation, and management consulting services
outside of China is not subject to market access restrictions and is accorded
national treatment.
Acquired Rights of Foreign Service Suppliers
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The conditions of ownership, operation, and scope of activities for an
existing foreign service supplier, as set out in the supplier’s contract
or shareholders’ agreement or in a license establishing or authorizing
the supplier’s operation or supply of services, will not be made more restrictive
than they were on December 11, 2001.
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