Hangzhou Citizens Training In School Management

Original Language Title: 杭州市民办培训学校管理办法

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Hangzhou citizens training in school management

    (Hangzhou municipal people's Government at the 58th Executive meeting, December 17, 2010 through January 16, 2011 the Hangzhou people's Government announced order No. 266, come into force on March 1, 2011) Chapter I General provisions

    First to promote the healthy development of private education and training industry in this city, regulate the private training schools, maintenance of private training schools and the legitimate rights and interests of the students, according to 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 laws and regulations, combined with the city's actual, these measures are formulated.

    Article management of private training schools within the administrative area of the city this way.

    This approach by said private training school, is refers to national institutions yiwai of social organization or personal, using non-national financial sex funding oriented social held of, implementation not has independent issued degree certificate qualification of degree education and other education of specializing in school, and training center, private school (following referred to culture class private training school), and implementation to career skills mainly of career qualification training, and career skills training of private school (following referred to skills class private training school).

    Implementation of pre-school education, an independent qualifications of private school education, and registered in the industrial and commercial administrative departments of business do not apply to the measures for the administration of private training institutions. Article III of the municipal educational administrative departments in charge of the city's private training in school management.

    District, County (City) competent administrative departments of education training school run by management within their respective jurisdictions.

    City and district and County (City) labour and social security administrative departments according to the provisions of the relevant laws and regulations and these rules, within its area of responsibility, is responsible for skill training school run by management.

    Home, registration of institutions, prices, tax, business, quality and technical supervision administration shall perform their respective statutory duties, do a good job on the management of private training schools.

    Fourth private training school management should follow positive encouragement, support, correct guidance, management approach.

    Article fifth privately-run training schools shall implement the national education policy, law, and ensure the quality of education and teaching, trains the qualified talented person, and accept the supervision and management of the relevant administrative departments.

    Training school run by industry associations should play industry representatives, industry self-regulation, trade service and industry coordination role specification for private training school acts, maintain the legitimate rights and interests of private training schools.

    Encourages and supports private training schools Association to explore the establishment of private training schools risk margin system, implementation of private training schools responsibility to guarantee the legitimate rights and interests of the students.

    Chapter II establishment, alteration and termination of private training schools

    Sixth, an application for establishing a private training school, subject to the following conditions:

    (A) organizing training school run by social organizations shall have legal personality, organization of private training and civil school individuals shall have full capacity for civil conduct;

    (B) specification of the name, Board, Council, or other forms of decision-making bodies (hereinafter (Mr Tung) will) set up in accordance with legal and regulatory requirements;

    (C) legitimate sources of start-up funds and stable funding;

    (D) commensurate with the size of the premises, equipped with facilities to meet teaching needs equipment and the necessary guarantees of life and security facilities;

    (E) eligible full-time owner (hereinafter referred to as principals) with qualifying full-time education Manager and professional teachers;

    (F) school regulations, development planning, education planning, and related management systems.

    Article seventh open private training schools, should meet the following criteria:

    (A) the start-up capital of not less than 1 million Yuan;

    (B) construction of premises with a total area not less than 500 square meters, rooms for teaching premises total area not less than two-thirds, rental of premises, rental period of 3 years; premises shall comply with the plan, fire protection, health, safety and other provisions of the relevant laws, rules and regulations;

    (Iii) principals have intermediate professional title or bachelor or above, and have at least 5 years of management experience;

    (D) there are 2 or more full-time with a college education teaching management personnel and more than 3 full-time teachers with the appropriate teacher certification.

    National and provincial cultural establishment of private training schools provided in standard from its provisions.

    Eighth established skills of private training schools should meet the following criteria:

    (A) start-up funds of no less than 600,000 yuan;

    (B) Office space of not less than 50 square meters, the theory courses focus on teaching premises, an area of not less than 300 square meters rental of premises, rental period of 3 years; premises shall comply with the plan, fire protection, health, safety and other provisions of the relevant laws, rules and regulations;

    (D) principals have a college education, and mid-level professional and technical positions, or more than three-level national vocational qualifications, and have 2 years experience in vocational education and training;

    (E) 5 per cent of full-time education and teaching management personnel, teaching managers should have a college education, and mid-level professional and technical positions, or more than three-level national vocational qualifications, and have 2 years experience in vocational education and training;

    (F) 1 or more career guidance and employment services training career guidance personnel, there are 2 or more be qualified accountants financial managers; (Seven) has and running scale phase adapted, and structure reasonable of has corresponding teachers qualification of designed part-time teachers, internship guide teachers of number many Yu teachers total of one-second, full-time teachers number many Yu teachers total of one-fourth; which, bear senior career skills training of theory teachers should has related professional undergraduate above degree, and intermediate above professional technology positions and 3 years above this professional teaching experience,

    Internship guide teachers should has II level above national career qualification and 3 years above this career (jobs) Guide internship teaching experience; bear intermediate following career skills training of theory teachers should has related professional college above degree, and primary above professional technology positions and 2 years above this career (jobs) teaching experience, internship guide teachers should has three level above national career qualification and 2 years above this career (jobs) teaching experience.

    (H) the training offered by occupation (jobs) shall comply with the appropriate professional (jobs) setting standards.

    Countries and set standards for skill training school run by the province otherwise provides, from its provisions.

    Nineth established culture of private training schools, set up by district or County (City) departments of Education Administration approval established skills of private training schools, set up by the city or district or County (City) labour and social security administrative departments in accordance with the permission and approval, and CC, educational administrative departments at the same level for the record.

    National and provincial private schools set up permission otherwise provides, from its provisions.

    Tenth request raised private training schools, applicants should be responsible for the approval of the Administrative Department of education or the labour and social security administrative departments (hereinafter referred to as approval authority) to submit the following documents:

    (A) the bid report, includes: 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 amount of start-up funding, as well as valid documents, and shall record the property;

    (D) is donated assets must submit the donation agreement, and shall record the names of donors, the assets the amount, purpose and management methods, as well as the relevant valid documents; (E) applications for setting up dependent nature of private non-enterprise units of private training schools, are required to submit notice of private non-enterprise name registration.

    The applicant shall apply to the establishment of the Civil Affairs Department name registration, the Home Department shall within 7 working days from the date of receipt of the application for name registration organizers, issuance of notice of registration of private non-enterprise units name, private non-enterprise name registration notice will be valid for 6 months.

    11th and approving authorities shall from the date of accepting an application for planning to set up private schools in the 30th to make a decision on whether to agree to it in writing. Agreed to set up, the approval authority shall issue to set up instruments of ratification.

    Do not agree to set up, the approving authority shall state the reasons in writing. Planning period shall not exceed 3 years.

    More than 3 years, organizers should be declared again.

    Section 12th for the formal establishment of private training schools, the applicant shall submit the following materials to the examination and approval authority:

    (A) to set up instruments of ratification;

    (B) prepare reports;

    (C) the school regulations, the first reason (Dong) and list of members;

    (D) valid documents verifying assets of the school;

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

    13th condition and meet the set standards, applicants can apply directly to the approval authority a formal establishment of private training schools, and should be submitted to the tenth and 12th of these measures (c), (d) and (e) provision of material. 14th formally established by the approval authority to accept private training schools application, review the expert review team should be organized, according to the expert review team the review opinions issued by, within 3 months from the date of acceptance of approval or disapproval decision and the applicant.

    Approval authority to issue school license approved the establishment of private training schools; not approved formally established, shall state the reasons in writing.

    15th the approving authority of private training schools should be held, articles of incorporation, address, school name, category, and other information, from the date of approval through Government websites and other media to society announcements in the 10th.

    16th private training schools after school license shall be in accordance with the regulations of the home (or the registration of institutions), the quality and technical supervision, taxation and other departments for registration formalities, by certificate of registration applied for engraving and seals, open a bank account.

    Private training schools should register, engraved seals, open a bank account in the 15th, registration, stamp design, opening bank accounts issue school license approval authorities for the record.

    17th training school run by using only one name, in the administrative area shall not be the same as the name of the registered private training schools in other foreign names should be consistent with the name and foreign name used shall be consistent with the approved name.

    Private training school names should consist of the following parts: administrative division name, scope, organization size, industry, or business (including schools, Center).

    Approved private training schools in the urban areas, the name shall be preceded by "Hangzhou" territorial unit, and the seat of the district, but private training schools are institutions in nature and in municipal-level public institutions registered with the registration authority, its name is not labelled as a territorial unit, seat of the district.

    Established in the urban areas are privately-run non-enterprise units in nature of private training schools, their names are not given territorial unit, seat of the district shall be subject to the establishment of district departments, by the municipal educational administrative departments or municipal labor and social security administrative departments for review, approval of the public service.

    Approved at the County (City) of private training schools established, the name shall be preceded by the location of County (City) name of the administrative area, but not as "Hangzhou" the names of the administrative divisions.

    18th private training schools is divided or merged, to terminate itself, by (Mr Tung) will apply to a school license issued by the approval authority, and submit the following materials:

    (A) the application;

    (B) (Mr Tung) resolution of the matter;

    (C) the student placement programme, and aftermath solution;

    (Iv) liquidation reports;

    (E) the school license. The approval authority shall, within 3 months from the date of acceptance of the application for approval or disapproval of a decision, and sent to the privately-run training schools.

    Approved, shall state the reasons in writing.

    Termination of private training schools, by the approval authority to recover license, notify the registration authority, registration authority to cancel the registration, collection of seals, and make an announcement.

    19th private training schools application to change the school name, level, category, address, legal representative, the principal matters, by (Mr Tung) will apply to a school license issued by the approval authority, and submit the following materials:

    (A) application for amendment;

    (B) (Mr Tung) resolution of the matter;

    (C) the school regulations;

    (D) changes in the name, level, category should submit relevant proof of qualification; change of address are required to provide proof of ownership of the new addresses after the change materials changes require submission of the legal representative of the legal representative to the outgoing financial audit report and proof of identity of the legal representative to be appointed materials change principals are required to provide the identity of the principal to be appointed, proof of qualifications;

    (E) the school license.

    Private training school application change school held who of, by held who proposed, in for financial liquidation Hou, by school acting (Tung) thing will agreed, holding Qian paragraph subsection (a) items, and subsection (ii) items, and subsection (three) items, and subsection (five) provides of material, and financial audit report, and change Hou of held who identity proved material, and assets proved material, and original held who and intends any held who Zhijian reached of change agreement, to issued running license of approval organ proposed application. The approval authority shall, within 3 months from the date of acceptance of the application for approval or disapproval of a decision, and sent to the privately-run training schools.

    Approved, shall state the reasons in writing. Private training schools approved by the vetting authority in 20th Division, merger, change, it shall be corresponding change of the registration with the registration authority.

    Approval authority shall take a decision within 10th of related information through Government websites and other media to society announcements.

    Chapter III private training school for enrollment management

    21st private training schools in obtaining school license, private non-enterprise registration certificate or business unit corporate certificate, corporate code certificate, tax registration certificate only after enrollment.

    22nd private training school through the press, radio, television, Internet, print, videos and other media, published, broadcast, post, post, distribute, mail, to social publishing brochures and advertisements, before publishing brochures and advertisements shall be made to the school license issued by the approval authority for the record.

    23rd training school run by filing prospectuses and advertisements to the approving authority, shall submit the following materials:

    (A) prospectuses and advertising artwork (including text, images, audio and video products);

    (B) the contents of prospectuses and advertisements such as "joint or commissioned training", the words "shall submit the relevant supporting documents;

    (C) other materials required by the approval authorities. 24th the approving authority shall receive private school enrollment and advertising within 7 working days from the date of filing, to meet the enrollment and advertisement proof of filing.

    Does not meet the requirements of prospectuses and advertising does not have to prove, shall state the reasons in writing.

    25th admission of private training schools shall include the school name, address, license number, filing proof of running numbers, learning content, the learning, the learning period, enrollment, admissions, enrollment, fees project and standard and so on.

    Private training school recruitment advertisement shall include the school name, school license number, registration certificate number, and so on. Article 26th private training schools published prospectuses and advertisements, the content should be consistent with the content of the record.

    Private training school prospectuses and advertising content of changes, ways should be according to the provisions of the record.

    Private training schools published prospectuses and advertisements, shall not be vague or exaggerated, no false content, and shall not be contrary to the principles of science to express shall not make unrealistic promises cannot be misled by deceptive propaganda.

    27th press, radio, television, the Internet and other kinds of advertisement publishers shall not be issued without the approval of the record of private school admissions brochures and advertisements.

    Fourth chapter of private training school administration and teaching management 28th training school run by faculty members (on behalf of) the General Assembly, the Council and other democratic management systems in public, convene Council meetings on a regular basis.

    Private training schools should establish and improve communication mechanisms with the trainees, maintaining the lawful rights and interests of the teachers and students, and accept supervision by the teachers, students and the community.

    29th private training schools should establish comprehensive emergency management system, based on the scale is equipped with appropriate air defence, anti-technology, anti-power, strengthen safety management, regularly carry out school safety, school security, food safety inspection and rectify potential accidents.

    30th private training school should be in a prominent position of the premises public school license, certificate of registration of private non-enterprise units or institutions corporate certificate, corporate code certificate, tax registration certificate.

    31st private training schools shall establish a sound management system, based on the school-running ability and condition rationally determine the scale, carried out in accordance with the plan and program of teaching and teaching activities, ensure the quality of teaching.

    32nd people should strengthen the construction of teachers training school, regularly carry out research activities and teacher training, improving teachers ' professional level. Article 33rd privately-run training schools should carry out the student registration system, establishment of student files.

    Skills of private training schools should be based on what students learn vocational (jobs), the Organization's training course, qualified participants to appropriate vocational skills appraisal.

    End of the students ' learning, and assessment (pilot) qualified private training school to a graduation certificate, certificate shall record the time, content and so on.

    The fifth chapter of private training schools charge management

    Article 34th privately-run training schools to charge students tuition fees (or training) escrow costs, accommodation costs and the collection.

    Private school fees (or training), accommodation standard, determined by the training school run by themselves, executed after the registration the competent pricing authorities.

    Private training schools should be places of charge publication fees and standards.

    35th private training school should be the filing fee payment, charges should issue a statutory credentials.

    Private training schools charge tuition (or training), accommodation and collect escrow costs the use of the term, in advance in writing to the student Express. Article 36th privately-run schools charge tuition to students (or training), accommodation fees, student finds it necessary to request withdrawal refund, private training schools shall, according to the students the practical tuition shall be computed and the length of stay (or training), accommodation, the rest returned students.

    Academic year or semester fees, calculated at 10 months for one academic year, a semester at 5 months, converted 1 month 30 days, less than 30 days in a month.

    Private training school students collect escrow fee, student finds it necessary to request withdrawal refund should be in real settlement of fees to be charged, excess refund the student.

    Training school run by publishing false prospectuses or advertising, refund or does not fulfill a contractual matter to cause students to drop out, private training schools shall refund all fees collected.

    Private training school shall, from the date the student withdrawal refund request is received within the 10th for procedure for refund, no refund of the fee, and shall state the reasons in writing.

    Private training schools and students have agreed in advance refund items, can be performed as agreed.

    Teaching points of the sixth chapter of private training schools and cooperative education management

    37th training school run by an additional teaching points, shall comply with the following conditions and to apply for change of school license issued by the approving authority:

    (A) the approved formal education for more than 2 years, and no illegal track record;

    (B) construction of posts of teaching premises with a total area not less than 300 square meters, the teaching of architectural area of floor space of not less than two-thirds, rental of premises, rental period of 2 years; premises shall comply with the plan, fire protection, health, safety and other provisions of the relevant laws, rules and regulations;

    Private training schools teaching point is non-independent school sponsoring bodies, the private training schools are responsible for their activities.

    Article 38th private training school without a school license issued by the approval authority, without additional teaching points.

    Urban private training schools in the urban areas outside of posts of teaching points, County (City) private training schools in the urban areas and across the County (City) of posts of teaching points. Private training schools to apply for additional teaching points, should apply to the school license issued by the approval authority, the approval authority shall, within 1 month from the date of receipt of the application approval or disapproval of the decision. Among them, the city approved private training schools provide teaching, shall from the date of approval of posts of teaching point is located in the 15th district education administration departments or regional Labor and social security administration departments.

    Additional teaching point local education administrative departments or regional Labor and social security administrative departments shall assist the school license issued by the examination and approval authority for management in privately-run training schools.

    39th private training schools to apply for additional teaching, school license issued by the approval authority should be to provide the following materials:

    (A) the application;

    (B) the school license;

    (C) (Dong) resolution of the matter;

    (D) the proposed establishment of teaching places of relevant supporting documents.

    40th joint education of private training schools and other educational institutions should be cooperative education agreements with other educational institutions, agreements and cooperation in running school license issued by the approval authority for the record.

    Private training schools and cooperative education by educational institutions without approval of the approving authority.

    Seventh chapter administrative control and support the award

    41st administrative departments of education and labour and social security administrative departments responsible for culture of private training schools, skills training school run by the daily management of private school enrollment, quality of education, financial management, protection of rights and interests of teachers and students, campus safety, supervision and inspection. 42nd article of private training schools evaluation steering system.

    School license issued by the approval authority shall strengthen the training school run by internal management, admissions, teaching, and assessment of the financial management of the Steering, steering and assessment results announced to the public through Government websites, such as the media.

    43rd private training school should be in 1th quarter issue school license within a year of approval of the mouthpiece on the annual report on the work of, after examination by the approving authority, submitted to the registration authority, subject to annual inspections.

    The contents of the report, including non-State education laws, regulations, rules and policies of countries, information on the activities carried out in accordance with the Constitution, registration formalities according to law, changes in personnel and institutions, and financial management.

    44th private training schools to enjoy tax preferential policies stipulated by the State.

    City and district and County (City) people's Government shall, in accordance with local realities, for the regional development of the civilian-run education and training industry support and incentives.

    City and district and County (City) Government may establish special funds to help the development of private education and training industry; financing, lease and transfer of the idle state assets and other measures to support private training schools, select the training school run by social reputation and high priority for government financial assistance programs.

    Article 45th administrative departments of education and labour and social security administrative departments shall regularly organize excellent private training schools, individuals, and brand-building project selection, and give recognition and rewards.

    The eighth chapter legal liability

    Article 46th acts in violation of these rules, People's Republic of China private education promotion law and the People's Republic of China advertisement law, the People's Republic of China price method and the interim regulations on the administration of registration of private non-enterprise units and the interim regulations on the administration of the registration of public institutions and other relevant laws and regulations have been penalties from its provisions.

    47th training school run by one of the following circumstances, a rectification by the school license issued by the approving authority, fails to mend, and fined 1000 Yuan fine:

    (A) disobey the 16th paragraph, not registration, stamp design, opening bank accounts issue school license approval authorities for the record;

    (B) disobey the 40th article, cooperation agreement were not reported school license issued by the approval authority for the record.

    48th private training school in violation of the provisions of this article 22nd, before publishing brochures or advertisements, not to issue school license approval authorities for the record, by the school license issued by the approval authority shall be ordered to immediately stop publishing the prospectuses or advertising and fined 2000 Yuan fine.

    49th private training schools in violation of the second paragraph of the article 34th, not tuition (or training) standard price departments, accommodation, the competent authority shall order correction within, and fined 2000 Yuan fine. 50th article 38th of private training schools in violation of the approach prescribed in the first paragraph, without additional teaching points, by the school license issued by the approval authority for the rectification, and fined 2000 Yuan fine.

    Resulting in another person's loss, shall bear civil liability by a private training school. 51st private training schools in violation of the article approaches its 40th article specified in the second paragraph, and without the cooperation of educational institutions approved by the approval authority, by the school license issued by the approval authority shall be ordered to immediately stop running, and fined 2000 Yuan fine, and copied at the registration authority.

    Resulting in another person's loss, shall bear civil liability by a private training school.

    52nd administrative departments of education, labor, and social security administrative departments and other relevant administrative staff in the management of private training schools neglect, abuse, deception, by their work units, higher authorities or supervisory organs shall be given administrative sanctions.

    The Nineth chapter supplementary articles

    53rd involved herein, Xiaoshan, Yuhang district people's Government and the relevant departments of the administration functions, according to the relevant provisions of the provincial and municipal people's Governments.

    54th herein called the "above" and "below", including the number itself.

    55th article this approach purposes Qian has established of private training school, not meet this approach provides established conditions of, should since this approach purposes of day up to running license effective expires Shi, according to this approach of provides be specification, late still up not to established conditions of, by issued running license of approval organ ordered stop running, cancellation running license, which caused others loss of, by private training school law bear corresponding of civil responsibility. 56th article of the rules take effect on March 1, 2011.