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Independent Colleges And Management Approaches

Original Language Title: 独立学院设置与管理办法

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(February 22, 2008 the Ministry of education released 26th come into force on April 1, 2008) Chapter I General provisions article in order to regulate the General institutions of higher learning and social organizations and individuals cooperation independent College activities, maintaining the lawful rights and interests of the educated and independent colleges, promote the healthy development of higher education, according to the higher education Act, the private education promotion law, the private education promotion law implementing regulations, these measures are formulated.
    Second independent colleges in these measures refers to implementation of Bachelor education in ordinary institutions of higher learning and social organizations or individuals other than State institutions cooperation, organized by the non-State financial requirements implementation of undergraduate education in colleges and universities.
    Article is an important part of private higher education in independent colleges, belong to the public welfare undertaking.
    Establishment of independent colleges shall conform to national and local development planning.
    Fourth independent colleges and their sponsor shall abide by the laws, rules, regulations and relevant regulations of the State, carry out the State's education policy, adhere to the Socialist orientation of public welfare and education.
    Fifth State shall safeguard the legitimate rights and interests of independent colleges and its organizers.
    Independent colleges shall have the private education promotion law, the private education promotion law prescribed by the regulations for the implementation of the various incentives and supporting policies.
    Sixth College of education administrative departments of the State Council in charge of the national independent planning, comprehensive coordination and macro control.
    Province, and autonomous regions, and municipalities government education administrative sector (following referred to provincial education administrative sector) competent this administrative within of independent college work, law perform following duties: (a) independent college running license of management; (ii) independent college admissions brochure and advertising record of review; (three) independent college related information of released; (four) independent College of annual check; (five) independent College of recognition award; (six) independent college illegal violations behavior of investigation; (seven) legal regulations provides of other duties.
    Chapter II establishment article seventh regular institutions of higher education must be more involved in the establishment of independent colleges teaching and management level, good running condition, should have a PhD degree-awarding powers. Article eighth social organizations involved in the establishment of independent colleges shall have legal personality.
    Registered capital of no less than 50 million Yuan, with total assets of not less than 300 million Yuan and net assets of not less than 120 million Yuan, the asset-liability ratio of less than 60%. Individuals involved in the establishment of independent colleges shall have political rights and full civil capacity.
    No less than 300 million yuan in total assets, capital of not less than 120 million Yuan.
    Nineth sets standards in the light of the undergraduate college of the independent college sets the standard.
    Independent colleges shall have legal personality.
    Tenth ordinary institutions of higher learning and social organizations involved in the establishment of independent colleges or individual shall enter into a cooperative agreement.
    Cooperation agreements should include its mission, goals, funding amounts and manner, the rights and obligations of the parties, the term of cooperation, dispute resolution, and so on. 11th ordinary institutions of higher learning primarily use of the name, intellectual property, management, teaching resources, equal participation in education.
    Social organizations and individuals using financial, physical, land use rights, equal participation in education.
    National financing, require students to pay tuition fees and independent college loans, acceptance of donations, not part of the capital contribution of the independent Institute.
    12th independent capital contribution of the Institute shall be subject to verification in accordance with law, to transfer to independent colleges name within the established period.
    Assets before the implementation of these measures did not transfer to independent college name, since this approach work completed within 1 year from the effective date of the transfer. 13th ordinary institutions of higher learning into school of intangible assets should be priced according to law.
    Pricing of intangible assets, shall entrust the assessment of the qualification of asset appraisal institutions assess intangible assets account for running the proportion of total investment, by both the cooperative education in accordance with national laws, administrative regulations, relevant provisions of the Convention, and the relevant procedures under the law. 14th independent Institute should meet investment obligations in full and on time, in accordance with law.
    During the existence of the independent Institute, sponsor shall not be withdrawing funds, not to misappropriate funds.
    15th qualifying colleges can only participate in General 1 independent college. 16th independent school, established and formally established in two stages. Planning period 1-3 years, allowed to enrol students within the established period.
    Expiry of the established without applying for formal establishment, natural end to set up.
    Article 17th independent college by the colleges involved in the establishment of independent colleges to be established independently of educational administrative departments at the provincial level, where the college application, in accordance with the undergraduate program to set up schools, educational administrative departments under the State Council for examination and approval. Article 18th to set up the independent College, shall submit the following documents: (a) planning applications.
    Contents include: name of the sponsors, proposed the establishment of an independent Institute, training goals, school size and condition, management, financing and management.
    (B) cooperation agreement.
    (C) the basic conditions for running colleges and construction of specialties and disciplines, students, teachers and administrators in schools, undergraduate teaching level evaluation, doctoral program Setup.
    (D) social organization or individual legal entity registration certificate or personal identity documents. (E) sources of assets, funding levels and the valid documents, and shall record the property.
    Including at least 500 acres of State-owned land use permit or construction of State-owned land use planning permits.
    (F) approval by the College authorities. Article 19th established independent schools, the approval authority shall, in accordance with the term of the private education promotion law, make a decision on whether to approve it.
    Approval, to set up instruments of ratification; not approved, reasons shall be given.
    20th article completed raised set application official established of, should submitted following material: (a) official established applications; (ii) raised set instruments of ratification; (three) raised set situation report; (four) independent college articles, Council or Board composition personnel list; (five) independent College assets of effective proved file; (six) independent college Dean, and teachers, and accounting personnel of qualification proved file; (seven) provincial education administrative sector organization of experts review views. 21st article independent College of articles should provides following main matters: (a) independent College of name, and address; (ii) running purposes, and scale,; (three) independent College assets of amounts, and source, and nature and financial system; (four) funded people whether requirements made reasonable returns; (five) Council or Board of produced method, and personnel constitute, and permission, and term, and rules of procedure of the rules,; (six) statutory representative people of produced and recall program; (seven) independent College itself terminated of causes; (eight) articles modified program
    。
    22nd independent school name, prefixed name of the colleges involved in the Organization of, and shall not use the common name within the faculties of colleges and universities and disciplines. 23rd application for formal establishment of independent colleges, the approval authority shall, in accordance with the term of the private education promotion law, make a decision on whether to approve it.
    Approve and issue school license; not approved, reasons shall be given.
    Legally established independent Institute should be in accordance with the relevant regulations of the State registration of legal persons. Article 24th educational administrative departments under the State Council to accept the application to set up and formally established independent college for the third quarter of each year.
    Educational administrative departments at the provincial level shall, before September 30 of each year the audit is completed and submitted applications. Approval authority for the approval of independent schools should organize peer.
    Peer time do not calculate the approval period. 25th separate chapter organization and activities or the Board of Directors of the Institute Council, as an independent decision-making body of the College. The Council or the Board of Directors represented by the colleges involved in the establishment of independent colleges, social organization or individual representatives, independent representative of the Dean, faculty and other staff.
    Board of Trustees or Board of Directors, representatives of regular institutions of higher education shall not be less than two-fifths. Council or the Board of Directors made up of 5 or more, set Director or Chairman, 1.
    Director-General, Director or Chairman, list of Directors approval authorities for the record. 26th independent schools Council or the Board of Directors meets at least 2 meetings a year.
    Proposal of the one-third members of the above, or the Board of Directors of the Council may be convened ad hoc meetings.
    Meeting of the Council or the Board of Directors shall consist of one-second per cent of the Director or directors to attend shall be held.
    27th separate school board or the Board of Directors of the rules of procedure should be documented, Director or directors and reporters attending the meeting shall sign the minutes. 28th separate school board or the Board of directors by resolution at a meeting shall be adopted by a majority vote of the Board of directors or directors.
    But discussion following major matters, must by Council or Board two-thirds above composition personnel agreed party can through: (a) appointment, and dismissed independent college Dean; (ii) modified independent college articles; (three) developed development planning; (four) audit budget, and accounts; (five) decided independent College of merged, and terminated; (six) independent college articles provides of other major matters.
    29th separate Deans shall meet the qualifications set by the State, no more than 70 years old, recommended by the colleges involved in the establishment of independent colleges a priority, the Council or the Board of directors appointed and approved by the approval authority.
    Independent Dean responsible for independent school education teaching and administrative work. 30th independent Institute should be in accordance with approved school license name, school address and the school-wide organization to carry out educational activities. Shall not set up any branches. You may not rent, lend school license.

    31st independent College must, in accordance with the relevant provisions, establish and perfect the grass-roots organizations of the Chinese Communist Party and the Chinese Communist Youth League.
    Independent colleges should play the political core role of the party organizations, independent college Youth League should unite students played an important role.
    Independent college faculty Congress system should be established to protect faculty participation in democratic management and supervision. 32nd separate legal representative of the Institute for school safety work responsibility. Independent colleges should establish and improve the mechanism for safe and stable work, the creation of school safety and security team.
    Implementing and maintaining security and stability measures and around campus security, maintenance of campus security and order.
    Colleges involved in the establishment of independent colleges shall, in accordance with the actual situation of independent colleges, and actively take steps to safe and stable work.
    33rd independent colleges shall, in accordance with approved enrollment students and State regulations, and improve the management system, students from poor families work. 34th independent college students should be established in accordance with the relevant provisions of the State management team.
    According to the student-teacher ratio of not less than 1:200 is equipped with the instructor, each class is equipped with 1 class. 35th independent Institute shall establish and improve the teaching authority, strengthening the construction of teaching management.
    Improvement of teaching methods, and constantly improve the quality of education.
    Article 36th independent Institute should be in accordance with the relevant provisions of the State teachers ' recruitment and management systems, implement and safeguard their treatment under the law.
    37th independent colleges shall, in accordance with the approved scale enrichment condition and comply with the requirements of undergraduate colleges and universities basic condition indicators.
    Article 38th learning period and high-qualified students in independent colleges, diploma, and printed as an independent institution.
    Independent Institute qualify in accordance with the relevant provisions of the State apply for and obtain a Bachelor's degree, issued to eligible students in independent College Bachelor's degree.
    39th independent schools should be established in accordance with the relevant provisions of the State financial, accounting, and asset management systems. Of independent colleges in the State-owned assets supervision and administration in accordance with the relevant provisions of the State.
    Independent colleges accept the use and management of donated assets, in accordance with the relevant provisions of public welfare donations law.
    40th independent College College of management resources and teacher qualifications, courses, educational resources, both of their related costs shall be in accordance with the agreement or the relevant national provisions, included in the cost of running independent colleges.
    41st separate items and standards of colleges, in accordance with the relevant provisions of the State, and set out in the prospectuses and advertising.
    42nd separate during college, all assets used by the independent colleges management according to law and no organization or individual may seize.
    43rd independent Institute after deducting operating cost, reservation Development Fund and in accordance with the relevant provisions of other required fees, investors can get reasonable returns from the running balance.
    Criteria and procedures for obtaining a reasonable return of the investors, according to the private education promotion law implementing regulations and the relevant provisions of the State.
    The fourth chapter management and supervision article 44th educational administrative departments should strengthen the independent College of education, teacher training and guidance.
    Colleges involved in the establishment of independent colleges shall be in accordance with the cooperation agreement and the relevant provisions of the State of independent school teaching and management guidance, improve the independent monitoring and assessment system of College teaching level.
    45th independent college admissions brochures and advertisements, the sample shall be promptly submitted to the provincial administrative departments of education.
    Without the filing of prospectuses and advertisements, shall not be published.
    Article 46th provincial education administrative departments shall, in accordance with the relevant provisions of the State, strengthen the supervision and inspection of the College, to monitor the quality of independent colleges.
    47th independent college asset and financial management by the approval authority and other competent authorities of supervision.
    Independent colleges should prepare a financial report at the end of each fiscal year, commissioned accounting firm audit in accordance with law, and publish the findings.
    Fifth chapter change and termination 48th independent colleges change their owners shall be proposed by the organizers, after the liquidation, agreed by the independent schools Council or the Board of Directors, approved by the approval authority.
    Independent colleges change address, shall be submitted to the approving authority for approval.
    49th independent college changes name, shall be submitted to the approving authority for approval.
    50th independent College has one of the following circumstances shall terminate: (a) according to the articles of independent colleges called for an end to, and approved by the approval authority, (ii) insolvency is unable to continue running; (c) the school license has been revoked.
    51st independent college terminated, after the proper placement of students, according to the private education promotion law the relevant provisions of the financial liquidation and property settlement.
    Organizers failed to meet investment obligations of independent college or flight, embezzlement of school funds resulting in independent College of insolvency is unable to continue running, in addition to bear the corresponding legal responsibility according to law, shall provide continuing education requirements in schools. Upon termination of the 52nd independent College has yet to graduate students from participating universities organized by hosting.
    The learning period and high-qualified students, to a stand-alone college diplomas; meets the conditions for degree-granting, granting independent College Bachelor's degree.
    Section 53rd independent schools, in addition to being revoked the license of running outside, in accordance with the relevant provisions of the State to withdraw their licenses, stamps, cancellation of registration.
    Sixth chapter legal liability article 54th approval authorities and their staff, taking advantage of his position to facilitate collection of others ' property, or to obtain other benefits, abuse their powers, neglect their duties, does not meet the conditions to issue school license as provided herein, or finds an offence not be investigated and prosecuted, if the circumstances are serious, in charge and other personnel directly responsible for, and shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    55th independent school of false capital contribution or withdrawal of funds after the establishment of independent colleges, divert school funding by provincial education administrative departments, in conjunction with relevant departments a rectification and given punishment in accordance with the private education promotion law regulations.
    56th article independent College has following case one of of, by provincial education administrative sector ordered deadline corrected, and depending on plot weight, give warning, and 1 to 30,000 yuan of fine, and reduced admissions plans or suspended admissions of punishment: (a) independent College assets not regular transfer of; (ii) released without record of admissions brochure or advertising of; (three) annual not qualified of; (four) violation national admissions plans unauthorized recruit students of.
    57th independent Institute that private education promotion law, and other laws and regulations, by the administrative departments of education or with the relevant departments at the provincial level are punished. Seventh chapter supplementary articles article 58th independent colleges set up before the implementation of these measures, adjusted in accordance with this approach, fulfilling conditions to complete the work.
    Within 5 years from the date of implementation of this approach, which agrees with this approach, inspection acceptance of an application made by the independent Institute, and submitted to the State Council after review by the provincial education administrative departments administrative departments of Education organizes a acceptance, inspection acceptance and issue school license. 59th these measures shall come into force on April 1, 2008.
                                                                                              College of education administrative departments of the State Council published the relevant independent settings and file management is inconsistent with this approach, is subject to this approach.