Chapter I General provisions article in accordance with the People's Republic of China private education promotion law (hereinafter referred to as non-State education promotion law), this Ordinance is enacted.
Second national institution of social organizations or individuals holding non-State financial funds available various kinds of private schools, but no organized military, police, political and other special education private school.
Private education promotion law and national financial resources mentioned in these regulations refers to financial appropriation, legally obtained and should be turned over to the Treasury or the financial accounts of Government funds.
Article for donation to hold private schools stand out or make other outstanding contribution for the development of private education of social organizations or individuals, the people's Governments above the county level shall give awards and recognition. Chapter held the fourth national institutions outside of the private school community organizations or individuals could be held separately or jointly run by the school.
Organized private schools shall be made by joint agreement, a clear mission statement, goals and the contribution amount, mode, rights and obligations, and so on.
Article fifth privately-run schools, the organizer can use funds, real property, land use rights, intellectual property and other assets to establish funding.
National financing, require students to pay fees and private school loans, acceptance of donations of property not belonging to the capital contribution of the private school. The sixth public schools involved in the Organization of private schools, shall make use of State financial resources should not affect the normal teaching activities of public schools, and shall be approved by the competent administrative Department of education or the labour and social security administrative departments in accordance with the conditions set by the State for approval.
Involved in the Organization of public schools private schools should have independent legal personality, separate from the public school campuses and teaching facilities, practice an independent financial accounting system, independent entrance, independent education certificates.
Involved in the Organization of private schools public schools are legally entitled to hold rights, fulfill the obligation of State-owned assets management, preventing the loss of State-owned assets.
Implementation of compulsory education in public schools to private schools.
The seventh held by State-owned assets involved in the Organization of private schools, should be in accordance with relevant provisions of the State-owned assets supervision and administration, an intermediary institution with qualification in accordance with law, the appraisal, based on the assessment results determine amount and reported to the agencies with regulatory responsibilities for the record of State-owned assets. Eighth of the private school, the organizer shall perform investment obligations in full and on time.
Privately-run schools during the existence of the organizers shall not be flight of capital contribution, not to misappropriate funds.
Organizers of the private school are not allowed to students, their parents, to raise funds to organize private school, organized private school shall not be open to the public to raise funds.
Nineth private school shall, in accordance with the private education promotion law and the Ordinance on school regulations, elected first in private schools, the Board of directors or members of the other decision-making bodies.
Organizers of the private school School Board, Board of directors or any other form of decision-making bodies, shall, in accordance with school regulations limits of authority and procedures, participate in the school's educational and administrative activities.
Article tenth nationally recognized educational testing, vocational qualification examination and technical examination, the examination of the body shall not be held and the implementation of related to the examination of private schools.
Chapter III the establishment of private schools the 11th article established the approval rights of private schools in accordance with the provisions of relevant laws and regulations.
12th organized the acquisition of private schools to set up instruments of ratification completed within 3 years from the date of establishment may submit formal applications for setting up.
13th application for formal establishment of private school 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.
14th article private school of articles should provides following main matters: (a) School of name, and address; (ii) running purposes, and scale, and level, and form,; (three) school assets of amounts, and source, and nature,; (four) Council, and Board or other form decision institutions of produced method, and personnel constitute, and term, and rules of procedure of the rules,; (five) School of statutory representative people; (six) funded people whether requirements made reasonable returns; (seven) school itself terminated of causes; (eight) articles modified program.
15th private schools can only use one name.
Name of the private school shall comply with the provisions of relevant laws and administrative regulations and must not harm the social and public interests.
16th article application official established private school has following case one of of, approval organ not approved, and written description reason: (a) held private school of social organization or personal not meet legal, and administrative regulations provides of conditions, or implementation compulsory education of public school to private school of; (ii) to students, and students parents raised funds held private school or to social public raised funds held private school of; (three) not has corresponding of running conditions, and not reached corresponding of set standard of;
(D) the school regulations do not meet the requirements of this Ordinance, has not modified informed; (v) schools, the Board of Directors the composition or any other form of decision-making bodies does not meet the statutory requirement, or school principals, teachers, accountants do not have legal capacity, as told is still not corrected.
Article 17th approved the establishment of private schools, and approving authorities shall issue school license, approved the establishment of private schools and the Constitution and announced to the public.
Private school license shall be formulated by the Administrative Department of education to develop the model shall be formulated by the administrative departments of education and labour and social security administrative departments in accordance with the Division of responsibilities organization printed separately.
18th private schools in accordance with the relevant laws and administrative regulations when applying for registration, shall submit the following documents to the registration organ: (a) the application for registration, (ii) the school license and (iii) the identity of the legal representative to be appointed; (d) the school regulations.
The registration organ shall from the date of receipt of the application documents prescribed in the previous 5 business days to complete the registration process.
The fourth chapter organization and activities of the private school private schools in 19th Council, heads the Board of directors or any other form of decision-making bodies should be of good character, with full political and civil capacity.
Staff members of State organs shall not hold private school Council, the members of the Board of directors or any other form of decision-making bodies. 20th, the Board of Directors of the private school, or other forms of decision-making bodies, at least once a year.
Proposal of the 1/3 members of the above, and may convene ad hoc meetings of Council, Board or other forms of decision-making bodies.
Private school of Council, and Board or other form decision institutions discussion following major matters, should by 2/3 above composition personnel agreed party can through: (a) appointment, and dismissed principal; (ii) modified school articles; (three) developed development planning; (four) audit budget, and accounts; (five) decided School of Division, and merged, and terminated; (six) school articles provides of other major matters.
Private schools are modifying the articles of Association shall be submitted to the approving authority for the record, announced to the public by the approving authority.
21st head independently exercise education in private school teaching and administrative functions.
Establishment of non-governmental organizations within the school programme put forward by the President, Council, Board or other form of decision making authority for approval. 22nd article of higher education and secondary vocational and technical education in private schools, in accordance with its mission and goal, and set up professional, courses, independent textbook.
However, private schools should set their professional teaching materials, courses offered, selection approval authorities for the record. Implementation of compulsory education in senior secondary education, private schools, will be free to carry out educational activities.
However, the educational activities of the private school shall meet the curriculum standards of educational administration Department under the State Council, his selection of materials should be audited in accordance with law.
Implementation of pre-school education in private schools will be free to carry out educational activities, however, the private school shall not violate the provisions of the relevant laws and administrative regulations.
Implementation of the professional qualification of professional skills training in private schools, vocational skills training, training activities carried out in accordance with the requirements of national occupational standards.
23rd employed private school teachers should have the People's Republic of China teacher's and teacher qualifications relating to administrative regulations, and service conditions.
Should have a certain number of full-time teachers in private schools, in which private school education for academic qualifications appointment number of full-time teacher shall be not less than the total number of teachers 1/3. 24th independent private schools teachers and staff.
Private school teachers, staff, employment contract shall be signed, specify the rights and obligations of both parties.
Private schools employ other staff shall enter into a labor contract.
Private school employed foreign staff, in accordance with the relevant provisions of the State.
25th private school teachers ' training system should be established, as the corresponding political and ideological training and recruited teachers professional training provided.
26th private schools shall, according to enrollment or admission advertising commitments, offer appropriate courses, teaching activities, ensure the quality of education and teaching.
Private schools should provide standards of school premises and teaching facilities and equipment.
27th private schools have the same right of admission and similar public schools at the same level, you can independently determine the enrollment scope, standards, and procedures, but enrolled students receiving higher education shall comply with the relevant provisions of the State.
Local people's Governments at or above the county level administrative departments of education, labor and social security administration in the field of equal treatment of private school admissions offers at local, without regional blockade, no overcharging.
Private schools enrolling foreign students, in accordance with the relevant provisions of the State.
28th shall establish status and teaching management system in private schools, and submitted to the approval authority for the record.
29th private school and its faculty, staff, educational applications, such as issues concerning research project, set up by the State, with public schools and their teachers, staff, equal rights to education.
Educated in private schools in the education, employment, social benefits and participate in the Masters award, medical insurance and other aspects, enjoying equal rights with similar public school education at the same level.
Article 30th private schools of higher education meets the conditions for degree-granting, in accordance with the provisions of relevant laws and administrative regulations by approval, you can obtain the appropriate degree qualification.
31st administrative departments of education and labour and social security administrative departments and other departments concerned, appraises, arts and sports activities related to the Organization and project, project bidding should be for private schools and their teachers, staff, providing equal education opportunities.
Article 32nd administrative departments of education and labour and social security administrative departments should strengthen the day-to-day supervision of the private school, regularly organized and entrusted the social intermediary organizations assess the running level and quality of education in private schools, and to encourage and support private school education teaching and research work, promotion of privately-run schools and improving education quality. The administrative departments of education, labor and social security administration on the supervision of private schools, monitoring and processing of the results should be recorded and signed by the supervisor after archiving.
The public right to access administrative departments of education, supervision of the labor and social security administration records.
33rd end of private schools, by the approval authority to recover license, notify the registration authority and shall be published.
The fifth chapter of the private school assets private schools shall, in accordance with article 34th and financial management of the People's Republic of China accounting law and the national unified accounting system for accounting, preparation of financial and accounting reports. 35th private schools charge a fee for persons undergoing education educational projects and standards, should be submitted to the competent pricing authorities for approval and publication; charge for other education projects and standards shall be submitted to the competent pricing authorities and publicity.
Specific measures by the Department in charge of price under the State Council together with the administrative departments of education, labor and social security administration departments.
The 36th article of private schools in the State-owned assets supervision and management, in accordance with the relevant provisions of the State.
Private schools accept the use and management of donated assets in accordance with the People's Republic of China relevant provisions of the law on donations for public welfare.
37th article in each fiscal year end Shi, donated held of private school and funded people not requirements made reasonable returns of private school should from annual net worth increased amount in the, and funded people requirements made reasonable returns of private school should from annual net in the, by not below annual net worth increased amount or net of 25% of proportion extraction Development Fund, for school of construction, and maintenance and teaching equipment of acquired, and update,.
Sixth chapter donation support and reward the 38th held in private school and private school without receiving a reasonable return of the investors, shall enjoy equal preferential tax and other policies with the public schools.
Private school to obtain a reasonable return of the investors enjoy preferential tax policies, finance departments and tax departments under the State Council in conjunction with the relevant administrative departments.
Private school shall handle the registration and cancellation of tax registration formalities according to law on termination.
39th private schools can set up a fund to accept donations, and in accordance with the provisions of relevant laws and administrative regulations and accept their supervision. Private school may, in accordance with the donor's name, school name of school or other educational facilities and living facilities.
Donors to make a special contribution to the development of private schools, the implementation of private schools of higher education, the State Council approval of the Administrative Department of education in accordance with the conditions laid down in national and other private school by the people's Governments of provinces, autonomous regions and municipalities directly under the education administration or Administrative Department of labour and social security in accordance with the conditions laid down in national approval, can be the donor's name and school name.
40th in the western regions and outlying and poverty-stricken areas and ethnic minority areas of private schools to apply for loans for development of school and enjoy relevant preferential credit policy of the State. 41st can the people's Governments above the county level shall be based on the specific circumstances of respective administrative areas, set up special funds for the development of private education.
Civilian-run education development fund managed by the financial sector, the Administrative Department of education or the labour and social security administrative departments reported to financial departments at the same level for approval. The 42nd County level people's Government according to the needs of administrative compulsory, signed an agreement with private schools and authorize it to bear part of the compulsory task.
Principal obligations of private schools educational task of the people's Governments at the county level, according to receive compulsory education the number of students and to introduce compulsory education in the local public schools of health and education standards, and allocate appropriate funding for education.
Entrusted with the private school fees charged to students of the agreement, shall not be higher than the local sibling of similar public school fees.
Article 43rd educational administrative departments shall, jointly with relevant administrative departments establish and improve the system, make sure that teachers are rational flow between public schools and private schools.
44th investment under the provisions of the Constitution of private schools to obtain a reasonable return, at the end of each fiscal year, by a certain percentage from the private school balance pay off.
Private education promotion law and running balances mentioned in these regulations refers to formation of deducting the cost of running the private school's annual net income, excluding social contributions, State-sponsored asset, and in accordance with the provisions of this Ordinance reservation Development Fund and in accordance with the relevant provisions of other necessary costs balance.
45th private schools should be based on the following factors to determine our proportion of investors made returns from the running balance: (a) the charging of fees and standards, (ii) for teaching and improve teaching conditions of share of expenditures in charge; (c) the running level and quality of education.
Compared with other private schools at the same level, charging high fees, for educational and teaching activities and improve teaching conditions of low share of expenditures in charge, and private school running level and quality of education is low, and its ratio of investors made returns from the running balance shall not be higher than other private schools at the same level.
Article 46th privately-run schools should be determined before the investor to obtain a return, to the public instead of running level and quality of education-related materials and finances. Private schools, the Board of directors or other forms of decision-making bodies should be under this Ordinance in the 44th, 45th article contributors to obtain a return decision.
Privately-run schools shall from the date of the decision in the 15th, the decision and announced to the public and their educational level and quality of education materials, financial conditions relating to the examination and approval authorities for the record. 47th article private school has following case one of of, funded people shall not made returns: (a) released false admissions brochure or admissions advertising, cheat money of; (ii) unauthorized increased charged costs of project, and improve charged costs of standard, plot serious of; (three) illegal issued or forged degree certificate, and career qualification certificate of; (four) cheat running license or forged, and variable made, and sale, and rental, and lending running license of; (five) not in accordance with People's Republic of China accounting method
And national unified of accounting system for accounting, and prepared financial accounting report, financial, and assets management chaos of; (six) violation national tax collection legal, and administrative regulations of provides, by tax organ punishment of; (seven) school or other education teaching facilities, and equipment exists major security hidden, not timely take measures, led occurred major casualties accident of; (eight) education teaching quality low, produced bad social effect of.
Withdrawal of funds or embezzlement of school funds of the investors, may not pay off.
48th among private education promotion law and the regulations support and incentive measures, can also be based on the actual situation of the provinces, autonomous regions and municipalities to develop local support and incentives to promote private education development.
Seventh chapter legal responsibility 49th article has following case one of of, by approval organ confiscated funded people made of returns, ordered stop admissions; plot serious of, revoked running license; constitute crime of, law held criminal: (a) private school of articles not provides funded people requirements made reasonable returns, funded people unauthorized made returns of; (ii) violation this Ordinance 47th article provides, shall not made returns and made returns of;
(C) not from the running balance of the investors extract returns from other funds of the private school; (d) not in accordance with the provisions of this Ordinance running balances or determine return ratio (v) investors made returns from the running balance too high, and have an adverse social impact.
50th article private school not in accordance with this Ordinance of provides will funded people made returns proportion of decided and to social announced of with running level and education quality about of material, and financial status reported approval organ record, or to approval organ record of material not real of, by approval organ ordered corrected, and be warning; has illegal proceeds of, confiscated illegal proceeds; plot serious of, ordered stop admissions, and revoked running license. 51st article private school management chaos serious effect education teaching, has following case one of of, in accordance with private education promote method 62nd article of provides be punishment: (a) Council, and Board or other form decision institutions not law perform duties of; (ii) teaching conditions obviously cannot meet teaching requirements, and education teaching quality low, not timely take measures of; (three) school or other education teaching facilities, and equipment exists major security hidden, not timely take measures of; (four) not in accordance with
People's Republic of China accounting law and the uniform accounting system of the State accounting, preparation of financial reports, finance, asset management, and (v) violate the legitimate rights and interests of the educated, have an adverse social impact, and (vi) violation of State regulations of appointment and dismissal of teachers.
Eighth chapter supplementary articles article 52nd before the enforcement of this Act in accordance with the establishment of privately-run schools continue to retain, and within 1 year from the date of enforcement of this Act, the original approval authorities issue a school license.
53rd of the regulations support and incentives applicable to Sino-foreign cooperative education institutions. 54th these regulations come into force on April 1, 2004.