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People's Republic Of China Chinese-Foreign Cooperation In Running Schools To Implement Measures For The Regulation

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

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(June 2, 2004, the Ministry of education released 20th come into force on July 1, 2004) Chapter I General provisions article I-implementation of the People's Republic of China Chinese-foreign cooperation in running schools Ordinance (hereinafter referred to as the Sino-foreign cooperation in running schools Ordinance), these measures are formulated.
    The second Chinese-foreign cooperatively-run school established, activities and management of specific norms, and organized according to the regulations of the Sino-foreign cooperation in running schools to implement education and self-study examination aiding school, tutoring, preschool education, such as the approval and management of Sino-foreign joint education programs and procedures apply.
    Sino-foreign joint education programs in these measures refers to Chinese educational institutions with foreign educational institutions to set up educational institutions, disciplines and specialties, curriculum and other aspects, in cooperation with civic education programmes provide education mainly in China.
    In accordance with the provisions of the regulations on Sino-foreign cooperation in running schools, and Sino-foreign cooperation in running schools to organize vocational training project approval and management practices, developed separately by the labour administrative departments of the State Council.
    Third State encourages Chinese educational institutions and academic standards and teaching quality widely held foreign educational institutions operating encourages cooperation in the areas of new and much-needed discipline of running.
    Countries encouraged in China's western regions, remote and poor areas of Sino-foreign cooperation in running schools.
    Fourth, according to the Chinese-foreign cooperatively-run school of the People's Republic of China private education promotion law provisions of the implementing regulation, State support and incentives of the private school.
    Administrative departments of education for Sino-foreign cooperation in running schools have made outstanding contributions to the development of social organization or individual rewards and recognition.
    Chapter II establishment of Sino-foreign cooperation in running institutions of fifth Chinese-foreign cooperatively-run school shall be on an equal footing on the basis of signed a cooperation agreement.
    Cooperation agreements should include the establishment of Sino-foreign cooperation in running institutions name, residence, Chinese and foreign cooperators in the name, domicile, legal representative, its mission and training goals, content and duration of cooperation, investment amount, mode and duration of funding paid, rights, obligations, dispute resolution, and so on.
    Should have the Chinese text of the cooperation agreement; foreign language text shall be consistent with the Chinese version of the contents.
    Sixth application for establishment of Sino-foreign cooperation in running institutions of Chinese and foreign cooperators in running schools shall have the appropriate educational qualifications and higher quality.
    Sino-foreign cooperation in running Sino-foreign cooperation agencies have been held operators applying for the establishment of new bodies for Chinese-foreign cooperation in running schools, established institutions should, through Sino-foreign cooperation in running the original examination and approval organs or their authorized an assessment of the social intermediary organizations.
    The seventh Chinese-foreign cooperatively-run school shall not set up any branches, shall not hold other institutions of Sino-foreign cooperation in running schools. Eighth article assessed, is the introduction of foreign high quality educational resources, Chinese and foreign cooperators in running schools with other social organizations and individuals signed an agreement, the introduction of funding.
    The social organization or individual can be used as signed an agreement with representatives of the Chinese and foreign cooperators, participate in the proposed Chinese-foreign cooperatively-run school Council, Board of directors or the joint managerial Committee, but may not serve as Chairman, President or Director shall not participate in Sino-foreign cooperation in running schools the teaching activities of the institution.
    Nineth Chinese-foreign cooperation in school-running investment funds, should be envisaged for the establishment of Sino-foreign cooperation in running institutions and to adapt to the size and verification in accordance with law. Chinese and foreign cooperators should be in accordance with the cooperation agreement as scheduled, full investment funds.
    During Sino-foreign cooperation in running institutions, Chinese-foreign cooperation in school-running are not withdrawing funds, no embezzlement of school funds.
    The tenth Chinese and foreign cooperators in running schools into intellectual property, valued by both the Chinese and foreign cooperators in accordance with the principle of equity, in consultation or invited the parties agree that an assessment of the social intermediary organizations according to law, and the relevant procedures under the law.
    Educational institutions in China on Sino-foreign cooperation in running schools by the State-owned assets to establish investment agency, shall, in accordance with relevant regulations of the State, employed with a qualification assessment of the social intermediary organizations, based on the assessment results determine the level of State-owned assets, and to fulfill the obligation of State-owned assets management.
    The 11th Chinese-foreign cooperation in school-running to intellectual property as investment, relevant information should be submitted to the intellectual property rights, including intellectual property right certificate, effective, practical, price calculation under a pricing agreement, the two parties signed the relevant documents.
    12th according to sectors with foreign Governments signed the agreement or at the request of China's educational institutions, educational administrative departments under the State Council and provinces, autonomous regions and municipalities may invite foreign educational institutions cooperation with Chinese educational institutions.
    Invited foreign educational institutions should be internationally famous institutions of higher education or a vocational education institution or the host country.
    13th an application for establishing a Bachelor Sino-foreign cooperation in running institutions of higher education, established by the proposed locality of the province, autonomous region and municipality's advice, educational administrative departments under the State Council for examination and approval.
    Application to issue foreign educational institutions of education, degree certificate of approval of the Sino-foreign cooperation in running institutions, reference to the 12th Sino-foreign cooperation in running schools Ordinance and the provisions of the preceding paragraph. Article 14th to set up a direct application for formal establishment of Sino-foreign cooperation in running schools or institutions, should be submitted by Chinese educational institutions under the regulations of the Sino-foreign cooperation in running schools file.
    Among them, the bidding report or application shall in accordance with the educational administrative departments under the State Council formally established the Sino-foreign cooperation in running schools Ordinance article 14th (a) and 17th (a), the enactment of the Sino-foreign cooperation in running the institutions provided for in the application form and fill in it. 15th article has following case one of of, approval organ not approved preparatory established foreign cooperation running institutions, and should written description reason: (a) against social public interests, and history culture traditional and education of public nature, not meet national or place education career development need of; (ii) foreign cooperation running who has party not meet conditions of; (three) cooperation agreement not meet statutory requirements, by pointed out that still not corrected of; (four) application file has false content of; (five) legal, and
    Other administrative regulations shall not be approved.
    16th article foreign cooperation running institutions of articles should provides following matters: (a) foreign cooperation running institutions of name, and residence; (ii) running purposes, and scale, and level, and category,; (three) assets amounts, and source, and nature and financial system; (four) foreign cooperation running who whether requirements made reasonable returns; (five) Council, and Board or joint management Committee 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;
    (G) the form of democratic management and supervision; (VIII) termination reasons, programs, and the method for its liquidation; (I) constitutional amendment procedures; (j) other matters provided for in the by-laws.
    The 17th Chinese-foreign cooperatively-run schools can only use one name should match the name of the translated foreign languages.
    Sino-foreign cooperation in running institutions should reflect the name of Sino-foreign cooperation in running the nature, level and type, not as "China" or "Chinese", "national", the words "shall not be in violation of Chinese laws, administrative regulations and must not harm the social and public interests.
    Do not have the legal personality of the Chinese-foreign cooperatively-run school's name shall be preceded by the Chinese name of the University.
    18th article completed preparatory, application official established or directly application official established foreign cooperation running institutions, except submitted foreign cooperation running Ordinance 17th article provides of related material outside, also should according to foreign cooperation running Ordinance about terms of provides, submitted following material: (a) first Council, and Board or joint management committee composition personnel list and the related proved file; (ii) appointment of foreign teachers and foreign management personnel of related qualification proved file.
    Article 19th setting up Sino-foreign cooperation in running institutions of education for academic qualifications, should apply to the March or September of each year, and approval authorities shall organize experts for comment.
    Comments within the period of time do not calculate the approval of experts, expert comments and approving authorities shall be required to inform the applicant in writing. 20th article completed preparatory, application official established foreign cooperation running institutions, has following case one of of, approval organ should not approved, and written description reason: (a) not has corresponding running conditions, and not reached corresponding set standard of; (ii) Council, and Board or joint management Committee of personnel and constitute not meet statutory requirements, principal or main administrative head, and teachers, and accounting personnel not has statutory qualification, by told still not corrected of; (three) articles not meet foreign cooperation running Ordinance
    And the requirements of this regulation, has not modified informed; (d) during the period of preparations for the establishment of violations of laws and regulations.
    Apply directly to set up Sino-foreign cooperation in running institutions, except as provided in the preceding paragraph (a), (b), (c) entries, the 15th provides one of these measures, the approving authority shall not be approved.
    Chapter of Sino-foreign cooperation in running institutions organize 21st with the activity of the Chinese-foreign cooperatively-run school Council, the members of the Board of directors or the joint managerial Committee shall abide by Chinese laws and regulations, education, good moral character, with full capacity for civil conduct.
    Staff members of State organs shall not hold Sino-foreign cooperation in running the Board, members of the Board of directors or the joint managerial Committee.
    The 22nd Chinese-foreign cooperatively-run school shall appoint full-time President or the principal administrator.
    Sino-foreign cooperation in running institutions of the President or the principal administrator independently exercise teaching and administrative powers.
    23rd organization settings inside the Chinese-foreign cooperatively-run school programme by the President or the principal administrator is proposed, approval of the report, the Board of directors or the joint managerial Committee.
    The 24th Chinese-foreign cooperatively-run school shall establish a system of teacher training, provide conditions for hired teachers receive professional training.
    The 25th Chinese-foreign cooperatively-run school shall recruit or ad promises, offering appropriate courses, teaching activities, and ensure the quality of education and teaching.
    Institutions should provide standards of Sino-foreign cooperation in running schools and educational and teaching facilities and equipment.
    26th Chinese-foreign cooperatively-run school shall independently determine enrollment scope, criteria and manner of; but China education shall observe the relevant regulations of the State.
    Article 27th Sino-foreign cooperation in running institutions of higher education meets the conditions for Chinese degree can qualify in accordance with the relevant provisions of the State to apply for the corresponding degree.
    28th Chinese-foreign cooperatively-run school shall administer ownership and use of Sino-foreign cooperation in running the institution's assets, but may not change the use of land and buildings in accordance with public service.
    Sino-foreign cooperation in running institutions shall not engage in profit-making business activities.
    29th article in each fiscal year end Shi, foreign cooperation running who not requirements made reasonable returns of foreign cooperation running institutions should from annual net worth increased amount in the, foreign cooperation running who requirements made reasonable returns of foreign cooperation running institutions should from annual net in the, by not below annual net worth increased amount or net of 25% of proportion extraction Development Fund, for foreign cooperation running institutions of construction, and maintenance and teaching equipment of acquired, and update,.
    30th in the Chinese-foreign cooperatively-run school assets of State-owned assets supervision and administration, in accordance with the relevant provisions of the State.
    Chinese-foreign cooperatively-run school acceptable use of donated property and management, in accordance with the People's Republic of China relevant provisions of the law on donations for public welfare.
    31st of the Chinese and foreign cooperators in running schools to obtain a reasonable return, in accordance with the People's Republic of China private education promotion law implementing the provisions of that Ordinance. 32nd article foreign cooperation running institutions has following case one of of, foreign cooperation running who shall not made returns: (a) released false admissions brochure or admissions advertising, cheat money of; (ii) unauthorized increased charges project or improve charges standard, plot serious of; (three) illegal issued or forged degree, and degree certificate and the other academic 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.
    Chinese-foreign cooperation in school-running a flight of funds or embezzlement of school funds, may not pay off. The fourth chapter of Sino-foreign joint education programs and approval 33rd running of Sino-foreign joint education programs with the activity level and type, with Chinese educational institutions consistent with the educational levels and categories of foreign educational institutions and general educational institutions in China have been or similar professional, organized courses.
    New professional or organized in cooperation of course, Chinese educational institutions should be held with the professional or in the course of teaching staff, equipment, facilities, and so on.
    34th Chinese educational institutions could be taken with the appropriate level and type of foreign educational institutions, to develop educational plans, Chinese education, degree certificate, or certificate of foreign academic degrees in China outside teaching way, Sino-foreign joint education programs held.
    The 35th organization of Chinese-foreign cooperation in running schools project, Chinese educational institutions and foreign educational institutions should sign cooperation agreement in accordance with the measures provided for in fifth. 36th article application held implementation undergraduate above high degree education of foreign cooperation running project, by intends held project location of province, and autonomous regions, and municipalities government education administrative sector proposed views Hou, reported State education administrative sector approved; application held implementation high specialist education, and non-degree higher education and senior secondary education, and self-study exam student, and culture tutorial, and pre-school education of foreign cooperation running project, reported intends held project location of province, and autonomous regions, and municipalities government education administrative sector approved,
    And education administrative departments under the State Council for the record.
    Application to issue foreign educational institutions of education, degree certificates, as well as the introduction of foreign educational institution name, logo or trademark of educational services approval of Sino-foreign cooperative education projects, reference to the provisions of the preceding paragraph. 37th article application held foreign cooperation running project, should by China education institutions submitted following file: (a) foreign cooperation running project application table; (ii) cooperation agreement; (three) foreign cooperation running who corporate qualification proved; (four) inspection funding proved (has assets, and funds input of); (five) donation assets agreement and the related proved (has donation of); foreign education institutions has in China territory cooperation held foreign cooperation running institutions or foreign cooperation running project of,
    Should also be submitted to the original examination and approval organ or its authorized evaluation report of social intermediary organizations.
    Article 38th applying for the establishment of Sino-foreign joint education programs of education for academic qualifications, should apply to the March or September of each year, and approval authorities shall organize experts for comment.
    Comments within the period of time do not calculate the approval of experts, expert comments and approving authorities shall be required to inform the applicant in writing. Section 39th of the establishment of Sino-foreign cooperation in running schools project, the approval authority shall, in accordance with the People's Republic of China Law on administrative licensing on whether to approve the decision at the time.
    Approved and issued a standard format and number of Sino-foreign cooperative education project approval document; not approved, reasons shall be in writing.
    Sino-foreign joint education programs the instruments of ratification shall be formulated by the Administrative Department of education to develop the model and serial number; number measures shall be formulated by the administrative departments of education refer to the Sino-foreign cooperation in running schools license numbers to determine. 40th Chinese-foreign cooperatively-run school project is part of China's educational institutions teaching activities, should accept China's management education institutions.
    Implementation of the Sino-foreign cooperation in running schools education project in China, Chinese educational institutions should be provided for foreign educational institutions curriculum and assess the quality of education.
    41st Chinese-foreign cooperatively-run school admissions can be determined independently of the project scope, criteria and manner of; but China education shall observe the relevant regulations of the State.
    42nd Chinese educational institutions of Sino-foreign joint education programs should be organized in accordance with the financial management of Sino-foreign joint education programs and special financial account set up Sino-foreign cooperation in running a school project, through the integration of payments business.
    Article 43rd items and standards of Sino-foreign cooperative education projects, in accordance with the relevant provisions of the State, and set out in the admission or recruitment advertising.
    Chinese-foreign cooperation in school-running project balances should continue to be used in the teaching activities of the project and improve teaching conditions. Fifth chapter administration and supervision of the 44th Chinese-foreign cooperatively-run schools and Chinese educational institutions of Sino-foreign joint education programs should be organized according to the relevant regulations of the State, through the legitimate channels to introduced materials.
    Introduction of materials should be advanced, should not conflict with the Chinese Constitution and relevant laws and regulations.
    Sino-foreign cooperative education institutions and conducting Sino-foreign cooperative education projects in China's educational institutions should offer courses and introduce materials review and curriculum and materials list and instructions and timely approval authorities for the record.
    45th Chinese-foreign cooperatively-run school projects and conducting Sino-foreign cooperation in running educational institutions shall establish management system of China, and submitted to the approval authority for the record.
    The 46th Chinese-foreign cooperatively-run schools and the appointment of teachers and managers of the project, should follow the principle of equal status of the two sides, organised by the agencies and Sino-foreign cooperation in running Sino-foreign cooperative education projects in China's educational agency appointment contracts with teachers and administrators, clearly stipulates the rights, obligations and responsibilities on both sides.
    47th and projects the Chinese-foreign cooperatively-run school admissions, recruitment advertising samples should be reported to the approval authority for the record in a timely manner.
    48th holding issued by foreign educational institutions of education, Sino-foreign cooperative education institutions and diploma projects, Chinese cooperators should be the implementation of the corresponding level and category schooling for Chinese educational institutions.
    Sino-foreign cooperative education institutions and project qualifications issued by foreign educational institutions, degree certificates, the curriculum, the content should not be lower than the foreign educational institutions in their respective country's standards and requirements.
    49th Chinese-foreign cooperatively-run school project issued by foreign educational institutions of education, degree certificates, educational institutions in their respective countries and the foreign qualifications, the same degree, and is recognized in the country.
    50th education for academic qualifications of Sino-foreign cooperative education institutions and projects should be through networks, newspapers and other sources, the institution or project level and type, specialty, course content, enrollment, fees and standards, announced to the public each year.
    Chinese-foreign cooperatively-run school shall annually on April 1 announced before the audit organs of the Commission on the results of the annual audit of financial statements.
    51st Sino-foreign cooperative education institutions and projects of education for academic qualifications, shall be charged by the school year or semester shall not be cross-academic year or semester in advance.
    The 52nd Chinese-foreign cooperatively-run schools and Chinese educational institutions of Sino-foreign joint education programs should be held before the end of March in each year submit to the approval authority sponsoring reports should include Sino-foreign cooperative education agencies and programs to recruit students, curriculum design, teaching staff, teaching quality, financial status and other basic information.
    53rd and approval authorities shall organize or authorize the social intermediary organizations based on the principle of openness, justice and fairness, on the implementation of Sino-foreign cooperation in running schools education quality assessment project, and publicize the assessment results.
    54th Chinese-foreign cooperatively-run school project 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 issued by Sino-foreign joint education programs as provided herein the instrument of ratification, or finds an offence not be investigated and prosecuted, resulting in serious consequences, constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.
    55th in violation of the provisions of these measures, beyond the terms of reference of the approval of Sino-foreign joint education programs, its approval document is invalid, the authorities shall order rectification in charge and other direct liable persons shall be given administrative sanctions.
    Breach of 56th article of the regulations, held without prior approval of Sino-foreign joint education programs, the Administrative Department of education a rectification, and ordered to refund fees charged to students; the persons in charge and other direct liable persons shall be given administrative sanctions.
    57th, Sino-foreign joint education programs with any of the following circumstances, the approval authority shall order correction within, and depending on the seriousness, punished with a warning or fined not more than 30,000 yuan; the persons in charge and other direct liable persons shall be given administrative sanctions.
    (A) publishing false recruitment or recruitment advertising, get money, (ii) unauthorized or raising fees and charges increased fees; (c) poor management, poor quality of education and teaching (iv) is not in accordance with the relevant provisions of the State financial management; (e) to distribute the running balance.
    58th Chinese-foreign cooperatively-run schools and projects contrary to the People's Republic of China stipulated in the Education Act, diploma, degree or other academic certificate issued, in accordance with the People's Republic of China relevant provisions of the Education Act for punishment.
    Sixth chapter supplementary articles article 59th in the Administrative Department for industry and Commerce registered business Chinese training institutions education and training company in cooperation with foreign business activities of education and training, these procedures do not apply.
    60th substantive introduction of foreign educational resources of educational institutions in China, only with the mutual recognition of credits student exchange activities with foreign educational institutions, this approach is not applicable.
    61st Hong Kong S.A.R., and Macau S.A.R. and Taiwan area education agencies and educational program organized by educational institutions in the Mainland, in accordance with the measures of the regulations, except as otherwise provided. 62nd before the implementation of the Sino-foreign cooperation in running schools Ordinance has been approved by the Sino-foreign cooperation in running the projects, reference should be made to the Sino-foreign cooperation in running schools Ordinance provisions of the 63rd time frames and procedures go through Sino-foreign cooperation in running schools project approval.
    Fails to comply with the Sino-foreign cooperation in running schools Ordinance and the conditions of this regulation, approval authority not to exchange their instruments of ratification of the project. 63rd these measures come into force on July 1, 2004.
                                                  Former People's Republic of China issued by the State Board of education on January 26, 1995 the provisional regulations on Chinese-foreign cooperation in running schools and abolished.