Commercial Presence in China
Form of Establishment
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Joint venture schools may be established, with foreign majority ownership
permitted.
Scope of Activities
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Foreign educational service providers may provide primary education services,
secondary education services, higher education services, adult education,
and other education services, including English language training.
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Foreign educational service providers may not provide primary and secondary
national compulsory education.
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China reserves the right to place national treatment restrictions on educational
services.
Presence of Natural Persons in China
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Qualified education professionals must have a bachelor’s degree or above
and an appropriate professional title or certificate, with two years of
professional experience.
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Individuals may enter China to provide educational services when invited
or employed by Chinese schools and other educational institutions.
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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 not based in China, who are not selling to the general
public, and who are not engaged in supplying the service are limited to
a 90-day stay.
Cross-Border Supply of Services
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China reserves the right to place market access and national treatment
restrictions on the cross-border supply of educational services.
Consumption of Services Abroad
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The provision of educational 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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