People's Republic Of China Regulations On Sino-Foreign Cooperation In Running Schools

Original Language Title: 中华人民共和国中外合作办学条例

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$19.99.
                    Promulgated by Decree No. 372 of the People's Republic of China Chinese-foreign cooperation in running schools Ordinance on February 19, 2003 adopted by the 68th Executive meeting of the State Council, are hereby promulgated and take effect on September 1, 2003.
    March 1, 2003 People's Republic of China Regulations Chapter I General provisions the first Sino-foreign cooperation in running in order to standardize the Chinese-foreign cooperation in running schools, enhance foreign exchanges and cooperation in education, promote the development of education, in accordance with the People's Republic of China Law on education, the People's Republic of China vocational education Act and the People's Republic of China private education promotion law, this Ordinance is enacted.
    Article II foreign educational institutions and Chinese educational institutions (hereinafter referred to as Chinese and foreign cooperators) in territory of China to Chinese citizens as the main students of educational institutions (hereinafter referred to as Chinese-foreign cooperation in running the agencies) activities governed by this regulation.
    The third Chinese-foreign cooperation in running schools undertaking is an integral part of China's educational cause.
    Extension of State imposed on Chinese-foreign cooperation in running schools open, standardized, according to management, the promotion of development policy. State encourages the introduction of foreign high quality educational resources of Chinese-foreign cooperation in running schools.
    Countries encourage Sino-foreign cooperation in running schools in the field of higher education and vocational education, encourage institutions of higher education in China and foreign well-known institutions of higher education cooperation.
    Chinese and foreign cooperators in the fourth article, legal rights and interests of Chinese-foreign cooperation in running, protected by Chinese law.
    Chinese-foreign cooperatively-run schools shall enjoy preferential policies stipulated by the State shall independently carry out teaching activities.
    Fifth Chinese-foreign cooperatively-run school shall abide by the Chinese laws, carrying out China's education policy, in line with public morals in China and must not harm China's national sovereignty, security and social and public interests.
    Sino-foreign cooperation in running schools should meet the needs of China's education development, guarantee the quality of education and teaching and is committed to developing all kinds of talents to the cause of China's Socialist construction. Sixth Chinese-foreign cooperatively-run schools can be organized at all levels of education institutions.
    However, it shall not be compulsory and organized military, police, political and other special education institutions.
    Article seventh foreign religious organizations, religious organizations, religious institutions and religious teaching staff shall not be engaged in cooperative activities in China.
    Sino-foreign cooperation in running institutions shall not conduct religious education and religious activities. Article eighth educational administrative departments under the State Council is responsible for Chinese-foreign cooperation in running schools work in national planning, comprehensive coordination and macro control.
    Educational administrative departments under the State Council, labour administrations and other responsibilities under the relevant administrative departments of the State Council shall be responsible for work related to Sino-foreign cooperation in running schools. The provinces, autonomous regions and municipalities administrations responsible for the administration of education in the Sino-foreign cooperation in running the overall planning, comprehensive coordination and macro control.
    Administrative departments of people's Governments of provinces, autonomous regions and municipalities directly under the education and Labor departments and other relevant administrative departments responsible within the scope of its responsibilities relating to Sino-foreign cooperation in running schools work in their respective administrative areas.
    Chapter II establishment of the Nineth institutions applying for establishment of Sino-foreign cooperation in running the educational institution shall have legal personality.
    Article tenth of Chinese and foreign cooperators can use funds, in-kind, land use rights, intellectual property and other assets to establish investment. Chinese and foreign cooperators in the intellectual property investment shall not exceed their respective investment 1/3.
    However, administrative departments of education and labor administrative departments under the State Council or provincial, autonomous region or municipality cooperation to China at the invitation of foreign educational institutions of intellectual property can exceed their input 1/3. 11th Chinese-foreign cooperatively-run school shall have the People's Republic of China Law on education and the People's Republic of China vocational education Act and the People's Republic of China Law on higher education and other laws and administrative regulations, the basic conditions, and have legal personality.
    However, foreign educational institutions and Chinese education in colleges and universities and the establishment of Sino-foreign cooperation in running institutions of higher education, does not have legal personality.
    Establishment of Sino-foreign cooperation in running institutions, sibling sets of similar educational institutions organized by the national standards.
    12th an application for establishing the Sino-foreign cooperation in running institutions of undergraduate higher education, shall be formulated by the Administrative Department of education approval an application for establishing a college education and non-degree Chinese-foreign cooperation in running schools of higher education institutions, by the proposed approval of the locality of the provinces, autonomous regions and municipalities.
    An application for establishing a secondary education and self-study examination aiding school, cultural potential Sino-foreign cooperation in running schools and pre-school institutions, by the proposed locality of the province, autonomous region and municipality education administration approval.
    Apply for the establishment of Sino-foreign cooperation in running schools for vocational training institutions, by the proposed locality of the province, autonomous region, municipality directly under the labour Administrative Department of the people's Government for approval. 13th to set up Sino-foreign cooperation in running institutions, divided into preparation for establishment and was formally established in two steps.
    However, with conditions, to set standards, you can apply directly for the formal establishment. 14th article application preparatory established foreign cooperation running institutions, should submitted following file: (a) bid report, content should main including: foreign cooperation running who, and intends established foreign cooperation running institutions of name, 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) cooperation agreement, content should including: cooperation term, and dispute solution approach,; (three) assets source, and funds amounts and the effective proved file, and contains Ming property
    And (iv) is donated by the school are required to submit the donation agreement, containing the assets contributed by the donor's name, amount, purpose and management methods, and the relevant valid documents; (e) not less than the Chinese and foreign cooperators in funding 15% funding in place to prove it. Article 15th to set up Sino-foreign cooperation in running institutions, the approval authority shall, from the date of acceptance of the application within 45 business days to make decision on whether to approve it.
    Approved and issued approval for preparation for establishment; not approved, reasons shall be in writing.
    16th approved to set up Sino-foreign cooperation in running institutions, should be made within 3 years from the date of approval established applications for more than 3 years, the Chinese and foreign cooperators should be declared again.
    Preparations for the establishment period, not enrollment.
    17th article completed preparatory established application official established of, should submitted following file: (a) official established applications; (ii) Preparatory established instruments of ratification; (three) Preparatory established situation report; (four) foreign cooperation running institutions of articles, first Council, and Board or joint management committee composition personnel list; (five) foreign cooperation running institutions assets of effective proved file; (six) principal or main administrative head, and teachers, and accounting personnel of qualification proved file.
    Application for formal establishment of Sino-foreign cooperative education institutions directly, the preceding paragraph shall be submitted (a), (d), (e), (f) and 14th (b), (c), (d), the files that are listed. Section 18th for the formal establishment of Sino-foreign cooperation in running schools to implement non-diploma education institutions, the approval authority shall, within 3 months from the date of acceptance of the application to make decision on whether to approve application for formal establishment of Sino-foreign cooperation in running institutions of education for academic qualifications, the approval authority shall, within 6 months from the date of acceptance of the application to make decision on whether to approve it.
    Approved and issued a standard format and number of Sino-foreign cooperation in running schools permit is not approved, and shall state the reasons in writing.
    License shall be formulated by the Administrative Department of education to develop Sino-foreign cooperation in running style, shall be formulated by the administrative departments of education and Labor Division of responsibilities for the executive departments organized printed Chinese-foreign cooperation in school-running license shall be formulated by the Administrative Department of education number, and the specific measures determined by the Administrative Department of education in conjunction with the labour administrative departments of the State Council.
    Section 19th for the formal establishment of Sino-foreign cooperation in running institutions of education for academic qualifications, after the approval authority for the acceptance of the application, comments of the Committee of experts should be organized, by the Committee of experts to advise on.
    20th Sino-foreign cooperation in running schools made the Chinese-foreign cooperatively-run school license, shall be registered in accordance with the relevant laws and administrative regulations, the registration organ shall be handled in accordance with the relevant provisions. Chapter III organization and management in 21st having legal personality shall set up Sino-foreign cooperation in running the Council or the Board of Directors, does not have the legal personality of the Sino-foreign cooperation in running institutions shall set up a joint management committee.
    Council, the members of the Board of directors or the joint managerial Committee of China shall not be less than 1/2. Council, Board of directors or the joint managerial Committee composed of 5 or more, set Chairman, Vice Chairman, Chairman, Deputy Chairman or the Director, the Deputy Director of the 1.
    Chinese and foreign cooperators as Chairman, President or Director of a party, by the other party as Vice Chairman, Vice Chairman or Deputy Director.
    Sino-foreign cooperation in running institutions with legal personality of the legal representative, the Chinese and foreign cooperators in consultation, identified in the Director-General, Chairman of the Board or the principal. 22nd of the Chinese-foreign cooperatively-run school, the Board of directors or of the joint managerial Committee is composed of Chinese and foreign cooperators in the representatives, composed of representatives of the President or the principal administrator, faculty, of which 1/3 members should have more than 5 years experience in education and teaching.
    Chinese-foreign cooperatively-run school Council and the Board of directors or of the joint managerial Committee list of members shall be submitted to the approving authority for the record. 23rd article foreign cooperation running institutions of Council, and Board or joint management committee exercise following terms: (a) re-election or by-election Council, and Board or joint management committee composition personnel; (ii) appointment, and dismissed principal or main administrative head; (three) modified articles, developed regulations; (four) developed development planning, approved annual work plans; (five) raised running funding, audit budget, and accounts; (six) decided Faculty of prepared fixed and wage standard And (VII) decided to Sino-foreign cooperation in running schools on the Division, merger or termination; (VIII) other authorities prescribed by the articles.

    24th of the Chinese-foreign cooperatively-run school, the Board of directors or the joint managerial Committee shall hold at least one meeting per year.
    1/3 members of the above proposal, the Board of directors or the joint managerial Committee may be convened ad hoc meetings.
    Foreign cooperation running institutions of Council, and Board or joint management committee discussion following major matters, should by 2/3 above composition personnel agreed party can through: (a) appointment, and dismissed principal or main administrative head; (ii) modified articles; (three) developed development planning; (four) decided foreign cooperation running institutions of Division, and merged, and terminated; (five) articles provides of other major matters.
    25th Chinese-foreign cooperatively-run school of the President or the principal administrator should have the People's Republic of China citizenship, settled in China, love the motherland, of good character, has the education, teaching experience, and have the appropriate professional level.
    Chinese-foreign cooperatively-run school appointed President or the principal administrator, should be approved by the approving authority.
    26th article foreign cooperation running institutions of principal or main administrative head exercise following terms: (a) Implementation Council, and Board or joint management Committee of decided; (ii) implementation development planning, developed annual work plans, and financial budget and regulations; (three) appointment and dismissed staff, implementation rewards and punishments; (four) Organization education teaching, and scientific research activities, guarantee education teaching quality; (five) is responsible for daily management work; (six) articles provides of other terms.
    27th Chinese-foreign cooperatively-run school shall administer the management of teachers, students.
    Chinese-foreign cooperatively-run school employed foreign teacher and expatriate managers, should have a Bachelor degree and the corresponding professional certificates, and have 2 years experience in education and teaching.
    The foreign cooperators should be assigned a certain number of teachers from the local educational institutions to teach at Sino-foreign cooperation in running institutions.
    28th Chinese-foreign cooperatively-run school shall safeguard the legitimate rights and interests of the teachers, students, security staff salaries, benefits, and pay social insurance fees for faculty.
    Staff of Sino-foreign cooperation in running institutions legally established trade union organizations, and through faculty Congress forms involved in Sino-foreign cooperation in running institutions of democratic governance.
    29th expatriates on the Chinese-foreign cooperatively-run school shall comply with the relevant provisions of the employment of foreigners in China.
    Fourth chapter education 30th Chinese-foreign cooperatively-run school shall, in accordance with requirements for similar educational institutions at the same level, China opened on constitutional, legal, moral, national content of course.
    State encourages Chinese-foreign cooperation in running schools introduce badly needed, internationally advanced courses and teaching materials.
    Chinese-foreign cooperatively-run schools should be run by the curriculum and the introduction of the textbook approval authorities for the record.
    31st according to the Chinese-foreign cooperatively-run school needs, you can use the foreign language teaching, it should be to the teaching language of Putonghua and standard Chinese characters. 32nd article implementation of the Sino-foreign cooperation in running schools of higher education institutions to recruit students into the national enrollment plan. Sino-foreign cooperation in running schools other education institutions enrol students, according to the Administrative Department of people's Governments of provinces, autonomous regions and municipalities directly under the education regulations.
    Sino-foreign cooperation in running institutions to recruit overseas students, in accordance with the relevant provisions of the State.
    33rd of the Chinese-foreign cooperatively-run school prospectuses and advertisements shall be submitted to the approving authority for the record.
    Sino-foreign cooperative educational institutions should be school types and levels and professional settings, content, and information such as enrollment, announced to the public on a regular basis. 34th of the Chinese-foreign cooperatively-run school education for academic qualifications, in accordance with relevant State regulations issued diploma or other education certificates; non-academic education, in accordance with the relevant provisions of the State issued certificate, or certificate of completion of training.
    For students receiving vocational training, vocational skills accreditation body approved by the Government accredited, in accordance with the relevant provisions of the State issuing corresponding national vocational qualification certificate.
    Sino-foreign cooperation in running institutions of higher education, in accordance with the relevant provisions of the State a corresponding degree for China.
    Chinese-foreign cooperatively-run school qualifications issued by foreign educational institutions, degree certificate, should be issued with the educational institutions in their respective countries education, degree certificates of the same, and is recognized in the country.
    China on Sino-foreign cooperation in running schools, issued by foreign educational institutions of education, recognition of diplomas, in accordance with the People's Republic of China concluded or acceded to international treaties, or in accordance with the relevant provisions of the State.
    35th State Council Administrative Department of education or the Governments of provinces, autonomous regions and municipalities directly under the administrative departments of education and labor, and other relevant administrative departments should strengthen the Sino-foreign cooperation in running the day-to-day supervision of the Agency, organization or delegate of social intermediaries to the Chinese-foreign cooperatively-run school running level and assess the quality of education, and publicize the assessment results.
    The fifth chapter assets and financial 36th Chinese-foreign cooperatively-run school shall establish a sound financial, accounting, and asset management systems, and set the accounting books in accordance with the relevant provisions of the State.
    During the existence of the 37th Chinese-foreign cooperatively-run school, all property rights asset by a Chinese-foreign cooperatively-run schools shall enjoy legal personality, no organization or individual may seize. 38th items and standards of the Chinese-foreign cooperatively-run school, shall be determined in accordance with the relevant national Government pricing and published without approval may not increase or improve standards.
    Chinese-foreign cooperatively-run school in Yuan tuition and other fees shall not be charged tuition and other costs of foreign exchange.
    39th fees collected by the Chinese-foreign cooperatively-run school shall be mainly used for educational activities and improve teaching conditions.
    Foreign exchange receipts and payments of the 40th Chinese-foreign cooperatively-run school activities as well as setting up and using the Foreign Exchange account, shall comply with the exchange control regulations of the State.
    41st Chinese-foreign cooperatively-run school shall prepare a financial report at the end of each fiscal year, public audit institutions entrusted to carry out the audit, released to public audit results, and submitted to the approval authority for the record.
    The sixth chapter alteration and termination of 42nd Division or merger of the Chinese-foreign cooperatively-run school, after the liquidation, by the Agency, the Board of directors or the joint managerial Committee approval of the approving authority.
    Application separation, merger of Sino-foreign cooperation in running schools to implement non-diploma education institutions, the approval authority shall, within 3 months from the date of acceptance of the application in writing a response application for separation and merger implementation of Sino-foreign cooperation in running schools education institutions, the approval authority shall, within 6 months from the date of acceptance of the application to give a written reply.
    43rd changes cooperators in the Chinese-foreign cooperatively-run school shall be proposed by the cooperation between operators, after the liquidation, by the Agency, the Board of directors or the joint managerial Committee agreed that the report approved by the approval authority, and the relevant procedures.
    Sino-foreign cooperation in running institutions of his domicile, legal representative, the President or the principal administrator of the change shall be approved by the approving authority and the corresponding change.
    44th Chinese-foreign cooperatively-run school name, level, class changes, by the Agency, the Board of directors or the joint managerial Committee approval of the approving authority.
    Application for change of non-degree education for Sino-foreign cooperation in running institutions, the approval authority shall, within 3 months from the date of acceptance of the application to give a written reply made changes to implement the Sino-foreign cooperation in running schools education institutions, the approval authority shall, within 6 months from the date of acceptance of the application to give a written reply.
    45th Chinese-foreign cooperatively-run school has one of the following situations shall be terminated: (a) under regulations called for an end to, and approved by the approval authority, (ii) suspension of permit for Chinese-foreign cooperation in running and (iii) the insolvency is unable to continue running, and approved by the approving authority.
    Chinese-foreign cooperation in school-running termination shall make proper arrangements in school; termination by Sino-foreign cooperation in running institutions application, shall submit a properly placed in the student's program. 46th at the termination of the Chinese-foreign cooperatively-run school shall make liquidation according to law.
    Chinese-foreign cooperatively-run school his calls for an end, cleared by the Sino-foreign cooperation in running institutions; revoked by the approving authority, cleared by the approval authority for the organization; terminated due to insolvency is unable to continue running, request the people's Court according to law a liquidation.
    47th when clearing the Chinese-foreign cooperatively-run school shall, in accordance with the following order of priority: (a) shall be refunded to the student's tuition and other fees, (ii) wages shall be paid to staff and shall pay social insurance fees, (iii) other debt should be repaid.
    Chinese-foreign cooperatively-run school after full payment of the debt of the remaining property in accordance with the provisions of relevant laws and administrative regulations.
    48th by the Chinese-foreign cooperatively-run school approved the termination or suspension of permit for Chinese-foreign cooperation in running, Sino-foreign cooperative education licenses and stamps should be returned to the approving authority, cancellation of registration according to law. Seventh chapter legal responsibility 49th article foreign cooperation running approval organ and staff, using positions Shang of convenience charged others property or gets other interests, abuse, and negligence, on not meet this Ordinance provides conditions who issued foreign cooperation running license, or found violations not be investigation, caused serious consequences, committed criminal law of, on has responsibility of competent personnel and other directly responsibility personnel, in accordance with criminal on bribery crime, and abuse crime, and negligence crime or other crime of provides,
    Criminal responsibility shall be investigated according to law; not serious enough for criminal punishment, shall be given administrative sanctions. 50th in violation of the provisions of this Ordinance, beyond the terms of reference of the approval of Sino-foreign cooperation in running institutions, its approval document is invalid, the authorities shall order rectification in charge and other direct liable persons shall be given administrative sanctions; resulting in heavy losses of public property and the interests of countries and peoples, in accordance with the provisions of the criminal law on the crime of abuse of authority, or other, criminal responsibility shall be investigated according to law.

    51st article violation this Ordinance of provides, without approved unauthorized established foreign cooperation running institutions, or to not due means cheat foreign cooperation running license of, by education administrative sector, and labor administrative sector according to duties Division be banned or with police organ be banned, ordered returned to students charged of costs, and sentenced 100,000 yuan following of fine; committed criminal law of, in accordance with criminal on fraud crime or other crime of provides, law held criminal.
    52nd in violation of the provisions of this Ordinance, of intake at the Agency during the preparations for the establishment of Sino-foreign cooperation in running, the administrative departments of education and labor administrative departments in accordance with the Division of responsibilities to order the suspension of enrollment shall be ordered to refund fees charged to students, and a fine of 100,000 yuan fine in serious cases, refusing to stop enrollment, revocation of approval for preparation for establishment by the approving authority.
    53rd Chinese-foreign cooperatively-run school false funded flight of capital contribution in Sino-foreign cooperation in running schools or institutions is established, the administrative departments of education and labor administrative departments in accordance with the Division of responsibilities a rectification; it fails to, the administrative departments of education and labor administrative departments in accordance with the duties imposed false funded amount or fined not more than twice times the amount flight of capital contribution.
    54th counterfeiting, altering and trading permit for Chinese-foreign cooperation in running, in accordance with the criminal law relating to forged, altered, buying or selling official documents, provisions of the crime or any other crime, criminal responsibility shall be investigated according to law.
    55th Chinese-foreign cooperatively-run school without permission to increase fees or raise fees, by the administrative departments of education, labor in accordance with the Division of duties shall be ordered to refund the overcharged fees and by the price departments in accordance with relevant laws, administrative laws and regulations will be punished.
    56th Chinese-foreign cooperatively-run school management and teaching quality is low, resulting in adverse impact, by the administrative departments of education, labor in accordance with the Division of duties ordered to clean up and make an announcement; serious, if no reorganization or consolidation is still not up to the requirements, the administrative departments of education and labor administrative departments in accordance with the Division of duties shall be ordered to stop admissions, Sino-foreign cooperative education license withdrawn. 57th article violation this Ordinance of provides, released false admissions brochure, cheat money of, by education administrative sector, and labor administrative sector according to duties Division, ordered deadline corrected and be warning; has illegal proceeds of, returned by received costs Hou confiscated illegal proceeds, and can sentenced 100,000 yuan following of fine; plot serious of, ordered stop admissions, and revoked foreign cooperation running license; constitute crime of, in accordance with criminal on fraud crime or other crime of provides, law held criminal.
    Sino-foreign cooperation in running institutions publish false ad, in accordance with the People's Republic of China advertisement law concerned shall be investigated for legal responsibility.
    58th Chinese-foreign cooperatively-run school was punishable by revocation of Sino-foreign cooperation in running schools permit administrative penalty, the Director-General or the Chairman, the President or the principal administrator from Sino-foreign cooperation in running schools within 10 years from the date on which the license was revoked shall not hold any Sino-foreign cooperation in running institutions Director or Chairman, the President or the principal administrator.
    Violation of the provisions of this Ordinance, violates the law of, since the penalty within 10 years from the date of expiry shall not be engaged in Sino-foreign cooperative education activities.
    Eighth chapter supplementary articles article 59th Hong Kong S.A.R., and Macau S.A.R. and Taiwan educational institutions in the area of educational cooperation with mainland educational institutions with reference to the provisions of this Ordinance.
    60th registered in industrial and commercial administration departments business management of Sino-foreign cooperative training institutions, shall be separately formulated by the State Council.
    61st foreign educational institutions and Chinese educational institutions in the territory of China to Chinese citizens as the main target of academic qualifications education and self-study examination aiding school, tutoring, pre-school educational program approval and management practices shall be formulated by the Administrative Department of education.
    Foreign education institutions cooperation with Chinese educational institutions in China to Chinese citizens as the main target of vocational skill training programs for specific approval and administrative measures, enacted by the labour administrative departments of the State Council.
    62nd foreign educational institutions, other organizations or individuals shall not separate in China to Chinese citizens as the main target of schools and other educational institutions. 63rd before the implementation of the regulations setting up Sino-foreign cooperation in running schools according to law agencies should go through Sino-foreign cooperation in running the license provided for in this Ordinance.
    Among them, does not contain all the conditions prescribed by the regulations shall, within 2 years from the date of implementation of these regulations meet the conditions stipulated in this regulation; fails to meet the conditions specified in these regulations, be revoked by the approving authority. 64th article of the regulations come into force on September 1, 2003.

Related Laws