Under-18s on a short study trip to China: the accompanying guardian rule
For a group of international students under 18 on a short study trip, Article 38 of the Measures for the Administration of Schools Recruiting and Educating International Students (Order No. 42) requires the school to sign an agreement with the sending organisation before the group arrives. At primary and secondary level, the sending organisation shall also complete the legal formalities for the minors' travel under its home-country law and send a person who travels with the group and acts as guardian while the students study at the school.
This page covers the route rules for study in mainland China. See also Routes on this site.
Who the Order covers
Article 2 defines an international student as a foreign student who does not hold Chinese nationality under the Nationality Law and who receives education at a school. Article 2 also states that Chapters 2 to 5 of the Order apply to higher education institutions. For schools that provide pre-school, primary and secondary education, Article 2 states that admission, teaching and on-campus management of international students follow the rules of the province, autonomous region or municipality.
The Order is published in Chinese. The English wording on this page is this site's translation of the Chinese text.
The rules in Article 38 and Article 40
The table lists each requirement, the group it applies to and the provision it comes from. All of them come from Order No. 42.
| Requirement | Who it applies to | Provision |
|---|---|---|
| Parents formally entrust a guardian who is resident in China, a foreigner or a Chinese citizen | International students under 18 whose parents do not live in China | Article 38, first paragraph |
| Supporting certificates for the guardianship are provided | Same as above | Article 38, first paragraph |
| Agreement with the foreign sending organisation signed in advance | Groups studying short-term | Article 38, second paragraph |
| Sending organisation completes legal formalities for minors' exit and entry under its home-country law | Primary and secondary schools receiving short-term groups | Article 38, second paragraph |
| Sending organisation sends a person who travels with the group and serves as guardian during study at the school | Primary and secondary schools receiving short-term groups | Article 38, second paragraph |
| Insurance purchased under national rules and school requirements | International students | Article 40 |
Students under 18 whose parents do not live in China
Under Article 38, first paragraph, a school that admits an international student under 18 whose parents do not live in China shall require the parents to formally entrust a guardian to that student. The guardian shall be a foreigner or a Chinese citizen who lives permanently in China. The school shall also require the supporting certificates for that guardianship.
Groups on short-term study
Under Article 38, second paragraph, a school may accept international students who study in a group on a short-term basis. Before doing so, the school shall sign an agreement with the foreign sending organisation.
For primary and secondary schools that accept such a group, the second paragraph sets two further duties on the sending organisation. First, it shall complete the legal formalities needed to organise the minors' exit and entry, in accordance with the law of its own country, in advance. Second, it shall send a person who travels with the group and serves as guardian for the international students during their study at the school.
Insurance
Under Article 40, a school operates a full-coverage insurance system for international students. International students must insure themselves in accordance with national rules and school requirements. A student who has not bought insurance as required shall be given a time limit to insure. A student who still has not insured by the deadline is not admitted. A student who is already studying at the school shall be expelled or not registered.
Sources
- Measures for the Administration of Schools Recruiting and Educating International Students (Order No. 42), Ministry of Education of the PRC (moe.gov.cn)
Checked 11 October 2026.
This page is an unofficial summary. It is not legal or immigration advice and is not published by the Ministry of Education, the Ministry of Foreign Affairs or the Ministry of Public Security. If the official text and the instructions of the body handling your case differ, the official text and those instructions prevail.