Xining Public Education Institutions Management

Original Language Title: 西宁市民办教育机构设置管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384557.shtml

Xining public education institutions management

    (November 27, 2012 in Xining municipal people's Government at the 12th Executive meeting on December 10, 2012, 120th release from Xining people's Government as of February 1, 2013) Chapter I General provisions

    The first in order to promote the healthy and orderly development of private education, maintenance and the legitimate rights and interests of the educated in private schools, according to the People's Republic of China private education promotion law, interim regulations on the administration of registration of private non-enterprise units and other laws and regulations, based on actual city, these measures are formulated.

    Second private educational institution is mentioned in these measures refers to the administrative area of the city, approved by the administrative departments of education by the State institutions of social organizations or individuals using non-State financial requirements, community-oriented Organization of education for academic qualifications, pre-school education and other cultural and educational institutions.

    Third set of private educational institutions should be consistent with national laws and regulations regulations and municipal education development planning requirements.

    Fourth of municipal, district (County) Government administrative departments of education is a private educational institution within the administrative area of the city's administrative departments, in accordance with the territorial management, classification is responsible for non-governmental education institutions set up approval management.

    Home, development and reform, according to their respective duties, is responsible for the management work relating to private education.

    Chapter II application and approval

    Article fifth bid for units of private educational institutions, shall have legal personality.

    Application of private educational institutions, should have political rights and full civil capacity.

    The introduction of high quality educational resources, relevant information should provide high quality educational resources. Article sixth bid for pre-school education, school district of the location of the site (s) Administrative Department of education is responsible for examination and approval.

    Primary education, secondary education, qualification and training, the college entrance examination held classes and other cultural, art, foreign language training institutions, the municipal educational administrative departments are responsible for the approval of the urban area, the city's local education administrative departments within the County responsible for the approval. 

    Private education institutions after approval, shall be reported to the administrative departments of education at a higher level for the record.

    Hong Kong S.A.R., and Macau S.A.R., and Taiwan regions and foreign organizations and individuals in educational cooperation within the administrative area of the city, according to the relevant State regulations.

    Article seventh name of private educational institutions, shall comply with the provisions of the relevant laws and regulations, from "administrative divisions, size, business scope, organization".

    Name of font size should be made up of two or more characters; in the name of business, shall, in accordance with national standards; name of organization, generally called schools, centers, parks, and so on.

   Article eighth to set up non-governmental educational institutions, sponsors should submit the following materials to the administrative departments of education:

    (A) the bid report, which should include: organizing, training objectives, school size, school level, the school forms, conditions, management, financing and management;

    (B) the sponsor's name, address, or name and address;

    (C) the sources of assets, funding levels and the valid documents, and shall record the property;

    (D) is donated by the school are required to submit the donation agreement, containing the assets contributed by the donor's name, amount, methods and effective use and management of documents.

    Nineth educational administrative departments from the date of accepting an application for establishment private education institutions make a decision on whether to agree to 30th.

    Agreed to set up, to set up instruments of ratification; do not agree with established, inform and explain the reasons in writing. Application for establishment of private educational institutions, established period shall not exceed three years, allowed to enrol students within the established period. Does not meet the set standards within the established period, set up to terminate itself.

    Continuation of overdue, organizers should be declared again.

   Section tenth for the formal establishment of private educational institutions, sponsors should submit the following materials to the administrative departments of education:

   (A) to set up instruments of ratification;

   (B) prepare reports;

   (C) the school regulations, the first the School Board, Council or members of the other decision-making bodies lists;

   (D) valid documents verifying assets of the school;

    (E) proof of eligibility for principals, teachers, accountants.

    Section 11th conditions meet set standards, you can apply directly for the formal establishment and should be submitted to the eighth and tenth of these measures (c), (d) and (e) provision of material. Section 12th for the formal establishment of private educational institutions, educational administrative departments shall, within three months from the date of acceptance of the application, the Organization of Expert Committee review or entrust a qualified assessment of the education evaluation agencies demonstrate, and educational venues, school facilities, such as field view.

    Meet the conditions for running schools, approved by law established, and of the school license issued by the administrative departments of education; not approved, reasons shall be in writing and delivered to the applicant within the prescribed period.

    13th non-governmental educational institutions in achieving the school license and the certificate of registration of private non-enterprise legal persons and the premium license and organization code certificate and seal engraving after filing the public security departments at the same level is completed, before formal admission, and announced to the public. 14th public schools involved in the Organization of private educational institutions, shall make use of State financial resources should not affect the normal teaching activities of public schools, and should be approved by the administrative departments of education in accordance with the regulations.    

    Public schools involved in the Organization of non-governmental educational institution shall have an independent legal personality, separate from the public school campuses and teaching facilities, practice an independent financial accounting system, independent entrance and independent education certificates.

    Involved in the Organization of non-governmental education institutions of public schools are legally entitled to hold interest, shall perform the obligation of State-owned assets management, preventing the loss of State-owned assets.

    Chapter III sets the standard 15th education pre-school education and full-time private education institutions, such as setting standards in the light of similar public schools set standards. Need to have proprietary educational sites and premises, or long-term lease, lease formalities comply with standards the venue premises.

    Rental procedures should be notarized.

    Vocational high schools to meet standards promulgated by the Ministry of education, professional set of experiments, practice facilities, and on-campus practice base and relatively stable practice base outside school. 16th non-diploma education training institutions should have relatively independent, secure, fixed premises. 

    School building area in the urban area are in principle not less than 800 square meters, the counties can be performed according to local conditions in the light.

    Training institution rental school site lease shall be not less than three years, period shall not sublet, no rental venues of public primary and high schools, but the layout and adjustment idle except for educational resources. 17th private education institutions with a reasonable structure, relatively steady part-time teachers, appointed the teacher's teacher should possess the prescribed qualifications and eligibility.

    Non-academic education and training agency appointment number of full-time teacher shall be not less than the total number of teachers 1/3.

    Vocational high school double-teachers should be not less than 30% per cent full-time teachers.

    18th private education institutions in the light of similar public school principal conditions of appointment of the serving principals, age can be relaxed, and report to the Administrative Department of education approval.

    Employing expatriate personnel of private educational institutions must obtain the certificate of qualification of foreign cultural and educational experts, foreign teachers are required to obtain the certificate of foreign experts. 19th private education institutions should protect the legitimate rights and interests of the teachers, improve teachers ' working and living conditions.

    Teachers ' salaries, benefits and social security, in accordance with the provisions of laws and regulations.   

    Article 20th private education institutions should recruit financial members with their qualification, accountants and cashiers may not concurrently, head of the legal representative and the financial system among staff. 

    Article 21st privately-run educational institution shall have a complete lesson plan materials and in accordance with the national requirements.

    Fourth chapter change and termination

    22nd in approving the establishment of private educational institutions, need to add or change the content of running, should provide their teaching performance and new teachers, venues, and market research and other materials, certified by the Administrative Department of education after the change.

   Article 23rd private education institution to change educational content should be submitted to the Administrative Department of education signed by the legal representative and stamped with the official seal of the change of registration applications, as well as the following materials:

   (A) the name, level, class changes, need to submit to the Board (or other decision-making body of the Council) resolutions adopted new articles of Association;

   (B) alteration of the site, new site after the change of ownership or access rights are required to prove;

   (C) the legal representative changes, required to provide ID card of the legal representative of the modified Ming and former legal representative of the individuals and auditing report, the Board of Directors (or other decision-making body of the Council) resolution;

    (D) private educational institutions is divided or merged, after the liquidation, submitted to the Board of Directors (or other decision-making body of the Council) resolutions.

    Article 24th educational administrative departments shall receive a private educational institution within three months from the date on which the change request, in writing whether or not to grant the change of decision.

    25th registration approved by the administrative departments of education, private education institutions should return the original certificate to the certification authorities, in Exchange for new licenses.

    26th private education institutions have one of the following circumstances shall apply for cancellation of registration:

    (A) the expiration of the period specified in the articles;

    (B) the Division or merger to be dissolved;

    (C) does not function or the termination of the business activities carried out;

    (D) authority to cancel their qualifications:

    (E) other causes for dissolution. 27th upon termination of private education, students should be properly placed in the school.

    Upon termination of the implementation of compulsory education in private schools, educational administrative departments should assist the non-governmental educational institutions arrange for students to continue their education.
28th article in front of the cancellation of registration of private educational institutions, it shall be liquidated.

    Private education institutions themselves to terminate, by non-governmental educational institutions organize liquidation; be revoked by administrative departments of education, cleared by the administrative departments of education organization; terminated due to insolvency is unable to continue running, by a people's Court for liquidation. Article 29th private education institutions or legal representatives shall, from the date of completion of liquidation in the 30th, to the administrative departments of education to cancel its registration.

    Termination of private educational institutions, by the relevant departments to recover documents, destruction of seals and the cancellation of registration.

    Supervision and administration of the fifth chapter

    Article 30th educational administrative departments to perform their duties of supervision and management of the following:

    (A) responsible for the supervision of private education institutions in accordance with the laws, regulations and policies require business activities and school regulations;

    (B) the annual checks on private education institutions, and the inspection results to the public;

    (C) coordination of relevant departments investigate and deal with violations of private educational institutions. 31st the establishment of private educational institutions risk margin system.

    The extraction, use and management of risk, the Administrative Department of education submitted to the municipal, district (County) for approval before implementation.

    32nd private education institutions accept donations, funding must comply with the provisions of the Constitution the purpose and scope of business, in accordance with donor and sponsor at the prescribed time, legitimate uses, and shall report to the Administrative Department of education in accordance with law accepted, use the donation, funded. Article 33rd privately-run educational institutions should be publicized by the price departments approved the filing of charges and standard, itemized charges, use of private bills. Duration of study within a year (not including one year), duration can be to charge for more than a year, semester or academic year should be charged.

    No annual fees in advance.

    Non-governmental educational institution shall establish a sound system of financial and accounting systems and assets, and accept supervision by the administrative departments of education and other relevant administrative departments, and an annual financial audit law.

    The sixth chapter legal liability

    Article 34th privately-run educational institutions registered in the registration fraud, swindle, the administrative departments of education found, deregister and punished in accordance with relevant regulations.

    Article 35th without approval, without authorization, on behalf of the non-governmental educational institutions conduct business activities or has been revoked continued to engage in business activities after registration, the Administrative Department of education be abolished, confiscation constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 36th is deadline to stop activities of non-governmental education institutions, the Administrative Department of education seal, seal of the school license and financial credentials. 37th private education institution recruiting brochure and advertisement, shall be submitted to the administrative departments of education reviewed the record. 

    Social publishing brochures and advertising such as inconsistent with the record content, educational administrative departments shall order the rectification. Article 38th of private educational institutions, one of the following circumstances, be warned by the administrative departments of education and rectification are serious, revoked registration, resulting in economic losses, the violator shall bear liability constitutes a crime, criminal responsibility shall be investigated according to law.

    Otherwise provided for by laws and regulations, from its provisions.

    (A) alter, transfer of the school license, stamp;

    (B) unauthorized Division, merging school;

    (C) beyond the scope of licensing for school or other business activities;

    (Iv) management seriously affected education, have an adverse social impact, or there is an obvious safety hazard;

    (E) malicious operation termination, withdrawal of funds or embezzlement of school funds;

    (F) refuse to accept or receive administrative supervision and inspection in accordance with regulations;

    (G) the violation fees, raising funds or donations, funding.

    The seventh chapter by-laws

    39th before the implementation of these measures has been set of private educational institutions, should gradually meet the requirements set as provided herein, and the specific measures implemented by the municipal educational administrative departments.

    40th article of the way the municipal educational administrative departments are responsible for the interpretation. 41st these measures come into effect February 1, 2013.