Haikou City Interim Measures For The Promotion Of Private Education And Management

Original Language Title: 海口市民办教育促进和管理暂行办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
(June 2, 2006 Haikou City Government 55th times Executive Conference considered through June 13, 2006 Haikou City Government makes 59th, announced since July 15, 2006 up purposes) first article for promote private education career of health development, maintenance private school and by education who of legal right, specification held who and managers of behavior, according to People's Republic of China private education promote method, and People's Republic of China private education promote method implementation Ordinance, legal, and regulations,
    This municipality actually, these measures are formulated.
    Article within the administrative area of the city, social organization or individual outside the national institutions, non-State financial requirements, community-oriented Organization of primary and secondary schools, kindergartens, secondary vocational and technical schools, non-degree activities of educational institutions such as schools and other educational institutions, application of this approach.
    Third municipal people's Governments shall insist on positive encouragement, support, correct guidance, management approach, private education into national economic and social development planning, guarantee the legal status of private schools and public schools have the same to guarantee the autonomy of private schools.
    Fourth privately-run schools shall comply with laws and regulations, implementation of the national education policy, ensure the quality of education, is committed to fostering all-round Socialist construction cause of the development of all kinds of talent.
    Fifth of municipal educational administrative departments are within the administrative area of the city of non-government education authorities, according to law, strengthen the management of private schools, services and oversight; district education administration in accordance with its administrative permissions, private education in the charge of the area.
    City and regional Labor and social security departments, as well as the home, financial, pricing, public security administration, within the scope of their respective duties, are responsible for work of private education.
    Sixth, educational development, establishment of a private school shall comply with the requirements and conditions laid down in laws and regulations.
    Private primary and secondary schools, kindergartens, vocational and non-Diploma Education Office, teaching, accommodation and other establishments and related facilities and equipment shall comply with the laws, rules and regulations regarding safety, fire safety, environmental protection, health and other relevant provisions.
    Runs non-degree education Office can be rented premises, the lease term shall be not less than 5 years. Seventh article established private school according to following permission approval: (a) application held pre-school education, and primary school and the other culture education institutions of, by district education administrative sector approval, and reported city education administrative sector record; (ii) application held junior high school, and general high school, and medium career school of, by city education administrative sector approval; (three) application held to career skills mainly of career qualification training, and career skills training of private school,
    From the district people's Government above the 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.
    Approval authority of private schools to set up applications and applications should be formally established within the statutory time limit for; involving more than one level of an application, by the high level of approval authority receives.
    Eighth municipal and District Education Administration accepted the formal application for establishing a private school education, should organize an Expert Committee for review.
    Committee of experts by the Administrative Department of education officials, school principals and the education sector professionals composed of three parts, the number 1/3. Commissioned Consultative Committee of experts according to the administrative departments of education, an advisory opinion.
    Educational administrative departments shall be the Advisory opinion of the Committee of experts as an important basis for its decision. Nineth approval authorities to agree to set up private schools, should be sent to set up instruments of ratification; approved the establishment of private schools, the Agency shall issue school license.
    Private school school license, it shall be registered.
    Formally established by the approval authority of the private school shall be from the date of approval in the 20th, approved the establishment of the school name and articles of Association shall be announced on the major media in this city. Article tenth of running private schools held in the corresponding permission, set up private schools should be set according to the following basic criteria: (I) basic school.
    Non-degree educational institution not less than 30 people kindergarten is not lower than 30; primary schools do not fall below 100; junior high school no less than 150 people; ordinary senior middle schools and secondary vocational and technical schools not less than 300 people. (B) accommodation.
    Non-degree educational institutions more than 150 square meters; 150 square meters of kindergartens; pupils are more than 4 square metres; primary middle school students more than 5 square; General senior middle schools and secondary vocational and technical schools are more than 6 square meters. (C) teaching and administrative staff.
    Faculty and students should refer to the regulations of the State, the establishment ratio, teachers must be qualified as a nationally recognized certificate of qualified teachers. (D) funding.
    Kindergarten and non-academic educational institutions more than 50,000 yuan; more than 100,000 yuan; junior high school more than 200,000 ordinary senior middle schools and secondary vocational and technical schools over 300,000 yuan. Shall, in accordance with the bid to host the 11th private school report or school regulations the obligation of contribution.
    Organizers can use funds, in-kind or land use rights, intellectual property rights, or any other form of capitalization of intangible assets.
    By intellectual property rights or any other intangible assets shall be subject to an evaluation Agency, the investment proportion can refer to the People's Republic of China company law provisions.
    12th where two or more social organizations or individuals holding private schools shall be made by joint agreement, clear investment, capital contribution and their rights and obligations.
    13th article should establish and improve the corporate governance structure of private schools, the establishment of schools, the Board of directors or other forms of decision-making bodies, establish a sound internal management and oversight regime, implement democratic management.
    The Director-General, the Chairman of the legal representative of the private school or the principal post.
    Private school principals shall independently exercise their teaching and administrative competence; principal appointed or dismissed by the school, the Board of directors or other forms of decision-making bodies shall decide.
    14th private schools should be commensurate with level of professional teachers adapt, scale and major team, hiring full-time teachers in private schools of education for academic qualifications teachers shall be not less than the total number of 1/2. Private school teachers employed shall meet the provisions of laws and administrative regulations of teacher qualifications and qualifications.
    Appointment of foreign teachers and foreign personnel in private school, should be in accordance with the relevant provisions of the State.
    Privately-run schools and appoint the staff shall enter into a contract of employment, specify the rights and obligations of both parties and protects staff salaries, insurance, welfare and other legitimate rights and interests. 15th of municipal and district people's Government shall take measures to promote private two-way communication between the school and public school teachers.
    Teacher mobility in the schools concerned and the Parties shall abide by the laws and regulations, maintaining the market order, fulfilment of the obligations stipulated in the employment contract.
    16th private schools have the same right of admission and similar public schools at the same level, can independently determine the enrollment scope, criteria and manner.
    Administrative Department of education private school education for academic qualifications, should be based on its ability to run a school approved admissions, enrollment in the implementation plan can be adjusted according to the actual situation.
    Private school enrollment in the administrative area of the city, by any administrative departments and units may not overcharge shall not be conditions attached to admission restrictions.
    17th private schools charge a fee for persons undergoing education educational projects and standards submitted to the Municipal Department in charge of price in accordance with approved private schools charge a fee for other education projects and standards determined by the private schools themselves, submitted to the Municipal Department in charge of price for the record.
    Private schools should be based on publicity, publicity, publicity wall forms, items and standards of public approval of the law.
    Made after the student dropped out of local schools, schools shall, in accordance with the provisions of the relevant administrative departments, handling dropped out, refund procedures. 18th private school it shall publish prospectuses and advertisements. Private school admissions brochures and advertisements shall be published prior to approval authorities for the record.
    Publishing brochures and advertisements shall be true, accurate, and consistent with to the approval authority for the record content.
    Prospectuses shall set forth the name of the school, school address, educational level, school forms, goals, programs, admissions system, learning content, the learning period, fees, fee standards, licensing issues, which need to be approved by the executive authorities, you should indicate the approval number.
    Private school education and teaching activities, should publish prospectuses, advertising, consistent commitment to the educated.
    Article 19th senior secondary school education, compulsory education private schools shall, in accordance with national and provincial Administration Department of education curriculum of education and teaching, and by provincial and municipal education administration approval of textbooks.
    Other private schools in accordance with its mission and goal, and set up professional, courses, independent textbook teaching and training activities. 20th of municipal and district education administration commissioned the commitment to education agreements with the private schools, shall, in accordance with compulsory education the number of students shall provide compulsory education and local education standards on each public school student, allocate appropriate funding for education.
    Entrusted with the private school fees charged to students of the agreement, shall not be higher than the fees charged for similar public schools at the same level in the local standard.
    Article 21st education educated in private schools to complete their studies and examinations and diplomas issued by the school in accordance with the relevant provisions of the State.
    Other private schools of education completed their studies, training certificates issued by schools or other certificate of completion. 22nd faculty and public school teachers in private schools are given the same legal status.
    In qualification, job appraisal, job hiring, business training, seniority, and terms of service, and public school teachers should be treated equally. 23rd article education in private schools and public schools of education have the same legal status in areas such as education, employment, and enjoy equal rights with similar public school education at the same level.

    Private school of education management of student status, academic qualifications, in accordance with laws, administrative regulations and national, provincial, municipal educational administrative departments of the relevant provisions.
    Article 24th privately-run schools and their teachers, and educated in application state, established by the province or the city of related research projects, subjects with similar peer-run schools and their teachers, staff, and the equal right to education.
    Administrative Department of education administrative departments and other relevant organizations and research projects, project bidding, should for privately-run schools and their faculty, staff, and the educators and similar public schools at the same level and its faculty, staff, and the equal opportunity to education.
    25th private school shall establish financial, accounting, and asset management systems.
    Organizers put school assets, State-owned assets, the recipient of the property, accumulation of fees charged by the school should be set, such as account books, account registration, and accept supervision by the approval authority and other relevant departments according to law. 26th during the existence of private schools, holding assets into private schools, State-owned assets, the donated property, as well as accumulation of running, used by management according to law and in private schools. Organizers put the school's assets should be separate from other assets held.
    Organizers no withdrawal of funds, not to misappropriate funds.
    Moved by the organizers, schools, Board of Directors, or other form of decision, the Council agreed, approved by the approving authority, can change the sponsor or the sponsor put internal adjustments of assets held in proportion to the amount of the school.
    27th private schools should be teaching, accommodation venues and facilities of safety and food hygiene management, ensure the health and safety of students and teachers.
    Private school emergencies, should be properly handled in a timely manner and report to the administrative departments of education and other administrative departments. 28th of municipal and district people's Government should be civilian-run education, pre-school education required school land into land use and town planning, and public education and preschool education institutions equal treatment, make overall arrangements. Civilian-run education, pre-school education through transfer, transfer and other means available.
    Organized education in private schools, according to the relevant provisions of the public welfare undertakings, given equal privilege with public schools.
    29th of municipal people's Government to set up special funds for the development of private education, using Government grants, raise funds, attract donations in the form of Community financing, financing of the development of private schools, commendation and reward outstanding contributions to the collective and the individual. 30th to encourage financial institutions to make use of credit to support private education development.
    Private schools to education facilities and equipment, other than mortgages on property for their own development. Citizens, legal persons or other organizations are encouraged to donated assets in private schools.
    Donation of assets to the private school of citizens, legal persons or other organizations in accordance with the relevant provisions of the State tax.
    Encourage State-owned enterprises, institutions, public school funding, equipment, laboratories, library, the location, the staff of the private school for their support.
    31st private schools should be at the end of each fiscal year, extracting Development Fund in accordance with the legal rate, used for construction and maintenance of schools and teaching equipment to install, update, and so on. Article 32nd privately-run schools shall, at the time of extraction and development, reserve development 10% as a special venture capital fund, for use in private schools after you stop running to repel students pay fees and rehabilitation students. Reserve capital reaches the amount, no longer from the development fund escrowed: kindergarten of 50,000 yuan, 80,000 yuan and 150,000 yuan from junior middle schools, and high schools of 200,000 yuan.
    Specific risk capital shall set up account access without termination of liquidation, no unit or individual may use a special risk fund, the municipal educational administrative departments on special risk fund reserve and use monitoring.
    Article 33rd private school investors can get reasonable returns according to law, to obtain a return, by the school, the Board of directors or other decision-making bodies in accordance with the People's Republic of China private education promotion law regulations for the implementation of the provisions of the decision.
    People's Republic of China private education promote method purposes Qian held of private school, its running accumulated reached must scale and has running balances of, on not clear funded amount of actual held who, by School Council, and Board or other form of decision institutions decided, approval organ approved, can give one-time award as held who of funded amount, but award of amounts shall not above the school cumulative running balances of 15%.
    34th of municipal and district people's Government imposed on private education institution shall supervise education supervision.
    Municipal and district education administration and supervision bodies should be in accordance with the permission or authorized intermediary bodies are regularly organized under equal standards for public schools, private schools and level of management, supervision and evaluation of the quality of education, and publicize the assessment results.
    35th upon termination of the private school shall be in accordance with the relevant laws and regulations of the State of liquidation, disposal of surplus assets according to law.
    Article 36th in a private school education in student management fraud, rectification by the municipal educational administrative departments and be warned; false status of more than 10, gross violation of normal school students ' legal rights, have an adverse social impact, to order the suspension of admissions to law school license revoked.
    37th special risks of not complying with the provisions set aside funding of local schools, the municipal educational administrative departments shall be ordered to correct, punishable with more than 5000 10000 Yuan fine.
    Other circumstances provided for in article 38th in violation of these regulations, in accordance with the People's Republic of China private education promotion law and the People's Republic of China regulations on private education promotion law and other relevant laws and regulations shall be investigated for legal responsibility.
    39th article of the way specific issues from the municipal educational administrative departments are responsible for the application of interpretation.
  40th these measures shall come into force on July 15, 2006.

Related Laws