HOTEL AND RESTAURANT SERVICES

Commercial Presence in China
  • Foreign service suppliers may construct, renovate and operate hotel and restaurant establishments in China through joint ventures, with foreign majority ownership permitted. 
  • By December 11, 2005, wholly foreign-owned subsidiaries may be established, and hotel and restaurant services will not be subject to any further market access or national treatment restrictions.
Presence of Natural Persons in China
  • Foreign managers and specialists, including chefs and senior executives who have signed contracts with joint venture hotels and restaurants in China, are permitted to provide services in China.
  • 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.
  • 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.
  • 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
  • The cross border supply of hotel and restaurant services by a foreign supplier is not subject to market access restrictions and is accorded national treatment.
Consumption of Services Abroad
  • The provision of hotel and restaurant services outside of China is not subject to market access restrictions and is accorded national treatment. 
Acquired Rights of Foreign Service Suppliers
  • 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.

December 2001
Department of Commerce
International Trade Administration
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