People's Republic Of China Private Education Promotion Law

Original Language Title: 中华人民共和国民办教育促进法

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(December 28, 2002 adopted by the 31st session of the Standing Committee of the ninth People's Republic of China President to 80th released since September 1, 2003) Chapter I General provisions article I to implement the strategy of national rejuvenation through science and education, promoting the healthy development of private education, maintenance and the legitimate rights and interests of the educated in private schools, this law is enacted in accordance with the Constitution and the Education Act. Social organization or individual other than the second national institutions, non-State financial requirements, activities for social organization of schools and other educational institutions, this law shall apply.
Is not stipulated in this law, in accordance with the Education Act and other laws relating to education.
Private education article belonging to an undertaking is part of the Socialist Educational cause.
    Countries imposed on private education and actively encourage, support and correct guidance and management approach.
    All levels of people's Governments of private education should be incorporated into the national economic and social development plan.
    Fourth privately-run schools shall comply with laws and regulations, implementation of the national education policy, guarantee the quality of education, is committed to developing all kinds of talents to the cause of Socialist construction. Privately-run schools shall implement the principle of separation between education and religion.
    No organization or individual may make use of religion to engage in activities interfere with the State's education system.
    Article fifth privately-run schools and public schools are given the same legal status, the State guarantees the autonomy of the private school.
    State guarantees to private schools, principals, teachers and the legitimate rights and interests of the educated.
    Sixth State to encourage donation.
    Countries for the development of non-governmental organizations and individuals who made outstanding contributions to the cause of education, reward and recognition.
    Article seventh educational administrative departments of the State Council in charge of the national private education and manpower planning, comprehensive coordination and macro control.
    Department of labor and social security administration departments and other departments concerned under the State Council of private education is undertaken within the scope of duties.
    Article eighth administrative departments of local people's Governments at or above the county level education private education work within their respective administrative regions.
    Local people's Governments at or above the county level labor and Social Security Administration Department and other relevant departments within the scope of their respective duties, are responsible for work related to private education.
    Chapter II establishment of the Nineth organized non-governmental social organization of schools, shall have legal personality.
    Holding individuals in private schools shall have political rights and full civil capacity.
    Private schools should be qualified as legal persons.
    Tenth the establishment of privately-run schools should meet the demand of the development of local education, education law and other relevant laws, regulations and conditions.
    Private school setting criterion-referenced at the public schools of a similar set of standards.
    11th organized implementation of education, pre-school education, self-taught and other private school education, the people's Governments above the county level administrative departments of education permission and approval in accordance with national organization implementing vocational skills of vocational qualification training, vocational skills training, private schools, the people's Governments above the county level labor and social security administration permission and approval in accordance with national requirements, and CC, educational administrative departments at the same level for the record. 12th article application raised set private school, held who should to approval organ submitted following material: (a) bid report, content should main including: held who, and training target, and running scale, and running level, and running form, and running conditions, and internal management system, and funding financing and management using,; (ii) held who of name, and address or name, and address; (three) assets source, and funds amounts and the effective proved file, and contains Ming property; (four) is donation nature of school produced must submitted donation agreement,
    Containing the assets contributed by the donor's name, amount, methods and effective use and management of documents.
    13th approval authority shall from the date of accepting an application for planning to set up private schools in the 30th to make a decision on whether to agree to it in writing. Agreed to set up, to set up instruments of ratification.
    Do not agree to set up, it shall explain the reasons. Planning period shall not exceed three years.
    For more than three years, organizers should be declared again.
    14th article application official established private school of, held who should to approval organ submitted following material: (a) raised set instruments of ratification; (ii) raised set situation report; (three) school articles, and first school Council, and Board or other decision institutions composition personnel list; (four) school assets of effective proved file; (five) principal, and teachers, and accounting personnel of qualification proved file.
    15th conditions meet set standards, you can apply directly for the formal establishment and should be submitted to the 12th and 14th of this law (c), (d) and (e) provision of material.
    16th application for formal establishment of private schools, the approval authority shall, within three months from the date of acceptance in writing to make a decision on whether to approve, and sent to the applicant which application for formal establishment of private higher education institutions, approval authority can also be effective as of the date of acceptance in writing within six months whether to approve the decision, and delivered to the applicant. 17th approval authority to issue school license approved the establishment of private schools.
    Formally established by the approval authority is not approved, reasons shall be given.
    18th private school school license and registration in accordance with the relevant laws and administrative regulations, the registration organ shall be handled in accordance with the relevant provisions.
    Chapter III the Organization and activities of the school article 19th private school shall establish a school Council, the Board of directors or other forms of decision-making bodies. 20th School Board, or the Board of directors by the sponsors or their representatives, principals, staff representatives and other staff.
    One-third of them members or directors should have more than five years of teaching experience. School Council or a Board of Directors made up of more than five people, have one Chairman or Chairman.
    Director-General, Director or Chairman, list of Directors approval authorities for the record.
    21st article School Council or Board exercise following terms: (a) appointment and dismissed principal; (ii) modified school articles and developed School of regulations; (three) developed development planning, approved annual work plans; (four) raised running funding, audit budget, and accounts; (five) decided Faculty of prepared fixed and wage standard; (six) decided School of Division, and merged, and terminated; (seven) decided other major matters.
    Other terms of reference to the provisions of this section form of decision-making bodies.
    22nd by the legal representative of the private school Director, Chairman of the Board or the principal to serve as.
    23rd article reference at the same private schools public schools principal conditions of appointment of the serving principals, age can be relaxed, and submitted to the approval authority for approval. 24th article private school principal is responsible for school of education teaching and administration work, exercise following terms: (a) implementation School Council, and Board or other form decision institutions of decided; (ii) implementation development planning, developed annual work plans, and financial budget and school regulations; (three) appointment and dismissed school staff, implementation rewards and punishments; (four) Organization education teaching, and scientific research activities, guarantee education teaching quality; (five) is responsible for school daily management work; (six) School Council, and
    Or other forms of other decision-making bodies authorised by the Board.
    25th to recruit students in private schools, according to their category, schooling, academic achievement, according to state regulations issued diploma, certificate or training certificates.
    Students received vocational skills training, vocational skills accreditation bodies accreditation approved by the Government, can be sent to national vocational qualification certificates.
    Article 26th through the private school teacher-centered faculty Congress forms, protect faculty participation in democratic management and supervision.
    Teachers and other staff of the private school shall be entitled to the Trade Union law, establishment of trade union organizations and maintain their legitimate rights and interests.
    The fourth chapter 27th of the private school teachers and the educated teachers, education and public school teachers, education has the same legal status.
    28th teachers employed in private schools shall possess the qualifications prescribed by the State.
    29th private school shall conduct ideological education and professional training for teachers.
    Article 30th privately-run schools should ensure staff salaries, benefits, and pay social insurance fees for faculty.
    31st private school faculty in business training, appointment, seniority and years of computing, recognition awards and social activities shall enjoy equal rights with the public school teaching and administrative staff.
    Article 32nd shall safeguard the legitimate rights and interests of the educated in private schools.
    Private school status management system established according to state regulations is about Educator Awards to or take disciplinary measures.
    Article 33rd educated in private schools in the education, employment, social benefits, and advanced aspects of selection enjoyed similar equal rights to education for public schools at the same level.
    The fifth chapter school 34th asset and financial management of private school shall establish financial, accounting, and asset management systems, and set the accounting books in accordance with the relevant provisions of the State.
    Article 35th of into private school private schools to their owners assets, the State-owned assets, the donated property, as well as accumulation of running, corporate property rights.
    Article 36th during private school, all assets managed and used by private schools law, no organization or individual may appropriate.
    No organization or individual may violate laws and regulations to the non-governmental educational institutions charge a fee. 37th private schools charge a fee for persons undergoing education educational projects and standards set by the school and reported to the relevant authorities and publicity; charge for other education projects and standards set by the school and reported to the relevant authorities and public.

    Fees charged by private schools shall be mainly used for educational activities and improve teaching conditions.
    Article 38th assets of local schools and financial supervision of the management of examination and approval authority and other relevant departments.
    Privately-run schools shall prepare a financial report at the end of each fiscal year, commissioned accounting firm audit in accordance with law, and publish the findings.
    Sixth chapter management and supervision article 39th educational administrative departments and the relevant departments of the privately-run schools should be teaching, teacher training and work guidance.
    40th education administrative departments and related departments to supervision imposed on private schools, promote the improvement of educational quality, organizing or entrust the social intermediary organizations assess the level and quality of education, and publicize the assessment results.
    41st of the private school admissions brochures and advertisements, shall be submitted to the approval authority for the record.
    42nd violations of the legitimate rights and interests of the educated in private schools, education and their relatives have the right to education administrative departments and other relevant parts of the complaint, the Department concerned should be dealt with in a timely manner.
    43rd State shall encourage and support social intermediary organizations provide services to private schools.
    The seventh chapter support and reward 44th people's Government at or above the county level may establish special funds to finance the development of privately-run schools, reward and recognize outstanding contributions to the collective and the individual.
    Article 45th people's Government at or above the county level may take money, lease and transfer of unused State-owned assets and other measures to support private schools.
    Article 46th private schools to enjoy tax preferential policies stipulated by the State.
    47th in accordance with relevant laws and regulations of the State in private schools, you can accept donations of the citizens, legal persons or other organizations.
    States for donations to private schools of citizens, legal persons or other organizations in accordance with relevant regulations, tax incentives, and to be commended.
    48th State encourages financial institutions to use financial means to support the development of private education.
    49th Government delegate obligations of private schools education task, education funds should be allocated in accordance with the trust agreement. 50th new construction, expansion of private schools, people's Governments shall, in accordance with the public service and construction of the relevant provisions of these concessions.
    Education should not be used for other purposes. 51st after deducting the cost of running private schools, reservation Development Fund and in accordance with the relevant provisions of other necessary fees, investors can get reasonable returns from the running balance.
    Receive a reasonable return and the specific measures formulated by the State Council.
    52nd State to take measures to encourage and support social organizations and individuals to the minority areas, private schools in remote and poor areas, the development of education.
    Eighth chapter change and termination article 53rd division and merger of the private school, after the liquidation, approved by the School Board or the Board of the approving authority.
    Applications Division, merger of the private school, the approval authority shall, within three months from the date of acceptance in writing a response which apply for separation, consolidation of civilian-run colleges and universities, the approving authority within six months from the date of acceptance of the written replies.
    54th sponsor changes in private schools shall be proposed by the organizers, after the liquidation, after the School Board or Board of Directors, approved by the approval authority.
    55th private school name, level, class changes, approved by the School Board or the Board of the approving authority.
    Application to change to a different private school, the approval authority shall, within three months from the date of acceptance in writing a response which apply to private colleges, approving authority or within six months from the date of acceptance of the written replies.
    56th private schools have one of the following circumstances shall terminate: (a) subject to school regulations called for an end to, and approved by the approving authority; (b) the school license has been revoked and (iii) the insolvency is unable to continue running. 57th upon termination of the private school, students should be properly placed in the school.
    Upon termination of the implementation of compulsory education in private schools, the approving authority shall assist the school students continue their education.
    Article 58th upon termination of the private school shall make liquidation according to law.
    Himself called for an end to the private school, private schools organize liquidation; revoked by the approving authority, cleared by the approval authority for the organization; terminated due to insolvency is unable to continue running, by a people's Court for liquidation.
    59th on private school property in accordance with the following order of priority: (a) the back to education tuition, fees and other costs, (b) Faculty and staff wages and social insurance premiums payable; (c) repay other debt.
    Private school property remaining after full payment of the debt, in accordance with the provisions of relevant laws and administrative regulations.
    Private school section 60th, destroyed by the approval authority to recover license and stamp and cancellation of registration.
    Nineth legal liability article 61st of private schools in the education activities in violation of education law, teachers ' law provisions, in accordance with the relevant provisions of the education law, teachers ' law punished.
    62nd article private school has following behavior one of of, by approval organ or other about sector ordered deadline corrected, and be warning; has illegal proceeds of, returned by received costs Hou confiscated illegal proceeds; plot serious of, ordered stop admissions, and revoked running license; constitute crime of, law held criminal: (a) unauthorized Division, and merged private school of; (ii) unauthorized change private school name, and level, and category and held who of; (three) released false admissions brochure or advertising, cheat money of;
    (Four) illegal issued or forged degree certificate, and graduated certificate, and training certificate, and career qualification certificate of; (five) management chaos serious effect education teaching, produced bad social effect of; (six) submitted false proved file or take other fraud means hide important facts cheat running license of; (seven) forged, and variable made, and sale, and rental, and lending running license of; (eight) malicious terminated running, and flight funds or misappropriated running funding of.
    63rd article approval organ and about sector has following behavior one of of, by superior organ ordered its corrected; plot serious of, on directly is responsible for of competent personnel and other directly responsibility personnel, law give administrative sanctions; caused economic loss of, law bear compensation responsibility; constitute crime of, law held criminal: (a) has accepted established application, late not replies of; (ii) approved not meet this method provides conditions application of; (three) neglect management, caused serious consequences of;
    (D) violations of the relevant provisions of the State charges; (e) violations of the legitimate rights and interests of local schools, (vi) other abuses, deception.
    64th social organizations and individuals held without private schools, by rectification of relevant administrative departments of the people's Governments above the county level, in line with the provisions of this law and other relevant laws of non-government schools, you can go through examination and approval procedures; still does not meet conditions of overdue shall be ordered to stop running, resulting in economic losses, legally undertake the compensation responsibility.
    Tenth chapter supplementary articles article 65th private schools in this law including other private educational institutions according to law.
    Principals included in this law principal administrator of the other private educational institutions.
    66th registered in industrial and commercial administration departments business management solutions to the non-governmental training institutions, shall be separately formulated by the State Council.
    67th run schools in China by overseas organizations and individuals approach formulated by the State Council. 68th this law shall come into force on September 1, 2003.
                                          The social strength's running schools Ordinance promulgated by the State Council on July 31, 1997, abrogated.