Provisions on Administration of Intermediary Service for Self-supported Study Abroad
Article 1 With a view to protecting the lawful rights and interests of the parties involving in self-supported study abroad and strengthening the administration on intermediary service for self-supported study abroad, these Provisions are hereby formulated.
Article 2 For the purpose of these Provisions, “intermediary service for self-supported study abroad” (hereinafter referred to as “Intermediary Service”) shall mean the intermediary activities relating to Chinese citizens’ self-supported study abroad carried out by the duly-approved education service institutions through cooperation with foreign universities/colleges, education authorities and/or other education institution.
Article 3 The institutions applying for engaging in Intermediary Service shall meet the following conditions:
1. Being an education institution or education service institution which has the status of legal person;
2. Having the staff members which are familiar with the policies relating to self-supported study abroad of China and other relevant countries and have ever engaged in education service business;
3. Having established stable cooperation and exchange relationship with foreign education institutions;
4. Having necessary capitals which ensure that when students’ economic interests are damaged, compensation will be made for them in accordance with the agreement, so that their lawful rights and interests will be protected.
Article 4 Intermediary service for self-supported study abroad belongs to the service industry subject to license. The institutions which intend to carry out Intermediary Service business shall apply with the education administration departments of the province, autonomous region or municipality directly under the Central Government where such institutions are located. After the said education administration departments give the consent, the application shall be reported to the Ministry of Education which will, in consultation with Ministry of Public Security, confirm the qualifications. The institutions for which the qualifications have been confirmed shall go through the enterprise registration formalities with local industrial & commercial administration departments, and shall file with the entry & exit administration departments under local public security organs.
Article 5 When making the application, the institutions which intend to carry out Intermediary Service business shall also submit the following materials:
1. Application form;
2. Certificate for status of legal person;
3. Statement on office conditions, office premises and staff members;
4. Statement on exchange and cooperation with foreign institutions;
5. Valid certificates for capitals and fixed assets;
6. Business scope and plan for the proposed Intermediary Service.
Article 6 The business scope of Intermediary Service includes: Related information and law consultation, enrollment application, visa-related service, and pre-departure training.
Article 7 The major objects of Intermediary Service shall be the Chinese citizens which have completed the senior high school education or higher education and apply for self-supported study abroad. The self-supported study abroad by students at or above junior college level shall comply with the provisions as specified in the Circular on Issues relating to Self-supported Study Abroad (Jiao Liu  No. 81).
Each Intermediary Service Institution shall carry out the business activities within the administrative area which such institution belongs to. The business activities to be carried out across province, autonomous region or municipality directly under the Central Government shall be subject to the approval from the Ministry of Education in consultation with Ministry of Public Security.
Article 8 Each Intermediary Service Institution shall sign the relevant cooperation agreement directly with foreign universities, colleges and/or education institutions, and file such agreement with the provincial-level education administration department of the place where such institution is domiciled.
Article 9 Each Intermediary Service Institution shall sign the agreement for intermediary service for self-supported study abroad with each person who obtains from such institution the intermediary service for self-supported study abroad, so as to clarify the rights and obligations of the two parties.
Article 10 When carrying out Intermediary Service, Intermediary Service Institutions shall take cultivation of talent as the purpose, comply with the relevant laws and regulations of the State, implement the policies relating to self-supported study abroad, and charge fees reasonably.
Article 11 Each person which will study abroad at their own expenses may, by presenting the relevant certificates issued by the Intermediary Service Institution and the invitation letter from foreign country, legally apply with the entry & exit administration department under local public security organ for passport. In case such person has received at least junior college education, he/she shall, when applying for passport, also present the relevant certificates issued by local education administration department.
Article 12 The publication of any advertisement relating to intermediary service for self-supported study abroad shall be subject to the approval by the industrial & commercial administration department of the relevant province, autonomous region or municipality directly under the Central Government. No advertisement for which the approval document has not been obtained or which is inconsistent with the approval documents may be designed, made and published. In case of violation of the provisions mentioned above, the industrial & commercial administration department shall punish the party responsible therefore in accordance with the Advertisement Law of the People’s Republic of China.
Article 13 The education administration department of each province, autonomous region or municipality directly under the Central Government shall, in conjunction with the public security department and industrial & commercial administration department, carry out administration and supervision on the Intermediary Service Institutions within its administrative area. In case any Intermediary Service Institution illegally carries out businesses, the education administration department shall order such institution to make correction within the time limit specified; in case serious consequence is caused, the education administration department shall investigate into such institution for legal liabilities, and, after reporting the case to the Ministry of Education and obtaining the approval made by the Ministry of Education in consultation with the Ministry of Public Security, cancel the qualification of such institution to carry out intermediary service for self-supported study abroad. Should any Intermediary Service Institution which have been ordered to go through the formalities for cancellation of registration with the industrial & commercial administration department within a time limit specified fail to go through such formalities, the business license of such institution shall be legally revoked.
Article 14 The institutions which have been approved by the competent departments (including registration with the industrial & commercial administration department) to carry out intermediary service for self-supported study abroad before the promulgation of these Provision shall cease corresponding businesses and go through the approval formalities in accordance with these Provisions. No institution which neither gets its qualification confirmed nor completes the enterprise registration may in any form carry out the intermediary service activities for self-supported study abroad. Should any institution carry out such business without authorization, local education administration department shall, in conjunction with local public security department and industrial & commercial administration department, investigate into and punish such institution according to laws.
Article 15 These Provisions shall be interpreted by the Ministry of Education, the Ministry of Public Security and the State Administration for Industry and Commerce.
Article 16 These Provisions shall come into force as of the date on which they are promulgated.