Standing Committee Of The National People's Congress On Revising The People's Republic Of China Law On Private Education Promotion Decisions

Original Language Title: 全国人民代表大会常务委员会关于修改《中华人民共和国民办教育促进法》的决定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$9.99.
  (November 7, 2016 adopted at the 12th session of the Standing Committee of the national people's Congress, 24th session) at its 12th meeting of the 24th session of the national people's Congress Standing Committee decided on the People's Republic of China Law on private education promotion as follows: first, the chapter adding a, as the Nineth: "CPC grass-roots organizations in the private schools, the activities carried out in accordance with the provisions of the party Constitution, strengthen party building. "Second, the 18th to 19th and amended as:" sponsor of the private school you can choose to set up non-profit or profit-making private schools.

However, may not establish compulsory profit-making private schools.

"Organizers of the non-profit private schools may not acquire educational benefits, school balances for all schools.

"For-profit private schools, the organizer can make running gains school balances in accordance with the company law and other relevant laws and administrative rules and regulations. "Private schools after obtaining a school license, registration, the registration authority shall be dealt with according to law.

"Third, the 19th to 20th, amended to read:" the private school shall establish a school Council, Board or other forms of decision-making bodies and the establishment of appropriate monitoring mechanisms. "The organizers of the private school subject to school regulations of permissions and procedures involved in the school and the management.

"Section four, the 30th to the 31st, is revised as follows:" private schools should protect wages, benefits and other legitimate rights and interests of the staff and Faculty pay social insurance fees. "The State encourages private schools in accordance with State regulations for staff for the supplementary old-age insurance.

"Five, the 37th to 38th, is revised as follows:" private schools charge items and standards according to operating cost, market demand and other factors, to the public, and accept supervision by the competent authorities.

"Non-profit private school charges specific measures formulated by the people's Governments of provinces, autonomous regions and municipalities; non-profit private school fees, market regulation, by the school itself. "Fees charged by private schools shall be mainly used for educational activities, improve school conditions and security staff wage. "Six, the 40th to 41st and amended as:" the education administration and the departments concerned in accordance with the private school supervision, information publicity and credit file system for the establishment of private schools, promote the improvement of educational quality, organizing or entrust the social intermediary organizations assess the level and quality of education, and publicize the assessment results. "Seven, the 45th to 46th, is revised as follows:" people's Governments at or above the county level may purchase services, student loans, scholarships and lease or transfer unused State-owned assets, measures to support private schools; to non-profit-making private schools take the Government subsidies, fund donation rewards, incentives and other measures of support. "Eight, the 46th to 47th, amended to read:" private schools to enjoy tax preferential policies stipulated by the State; among them, enjoy nonprofit private schools and public schools the same preferential tax policies. "Article nine, the 50th to 51st and amended as:" the new, expanded nonprofit private schools, the people's Government shall, in accordance with the public school, the same principles, to allocate grant by way of land concessions.

New, expanded nonprofit private schools, people's Governments shall, in accordance with State regulations, supply of land. "Education should not be used for other purposes.

"Ten, delete the 51st section. Plenary, the 59th article modified as follows: "non-profit private school after full payment of the debt remaining assets continue to be used for other non-profit school; non-profit private school property remaining after full payment of the debt, in accordance with the provisions of the company law. "12, and will 62nd article modified for:" private school has following behavior one of of, by County above government education administrative sector, and human resources social security administrative sector or other about sector ordered deadline corrected, and be warning; has illegal proceeds of, returned by received costs Hou confiscated illegal proceeds; plot serious of, ordered stop admissions, and revoked running license; constitute crime of, law held criminal: "(a) unauthorized Division, and merged private school of;" (ii) unauthorized change private school name, and Level, and category and held who of; "(three) released false admissions brochure or advertising, cheat money of;" (four) illegal issued or forged degree certificate, and graduated certificate, and training certificate, and career qualification certificate of; "(five) management chaos serious effect education teaching, produced bad social effect of;" (six) submitted false proved file or take other fraud means hide important facts cheat running license of; "(seven) forged, and variable made, and sale, and rental, and lending running license of;" (H) malicious operation termination, withdrawal of funds or embezzlement of school funds. "13, and will 63rd article modified for:" County above government education administrative sector, and human resources social security administrative sector or other about sector has following behavior one of of, by superior organ ordered its corrected; plot serious of, on directly is responsible for of competent personnel and other directly responsibility personnel, law give disposition; caused economic loss of, law bear compensation responsibility; constitute crime of, law held criminal: "(a) has accepted established application, late not replies of;" (B) approval does not meet the conditions specified in this law apply "(c) neglected, resulting in serious consequences" (iv) violations of the relevant provisions of the State charges "(e) violations of the legitimate rights and interests of local schools" (vi) other abuses, deception. "14, and will 64th article modified for:" violation national about provides unauthorized held private school of, by location County above place government education administrative sector or human resources social security administrative sector with sibling police, and home or business administration, about sector ordered stop running, and returned by received costs, and on held who at illegal proceeds 1 time times above five times times following fine; constitute violation security management behavior of, by police organ law give security management punishment; constitute crime of, law held criminal.

"XV, by deleting clause 66th.

Under article 16, the 11th to 12th, in the seventh, eighth, 12th, "labour and social security administrative departments" changed to "human resources and social security administration."

This decision shall take effect on September 1, 2017. This decided announced Qian established of private school, select registration for non-profit sex private school of, according to in accordance with this decided modified Hou of school articles continues to running, terminated Shi, private school of property in accordance with this method provides for settlement Hou has remaining of, according to funded who of application, integrated consider in this decided purposes Qian of funded, and made reasonable returns of situation and running benefits, factors, give funded who corresponding of compensation or award, remaining property continues to for other non-profit sex school running; select registration for profit sex private school of Shall conduct liquidation, clear ownership of property in accordance with law, and pay the relevant taxes, re-registration, and continue running.

Specific measures shall be formulated by the provinces, autonomous regions and municipalities directly under the.

Education administration under the State Council and its relevant departments and provinces, autonomous regions and municipalities in the implementation of this decision in accordance with classification reform in private schools, should take fully into account the relevant history and realities, the protection of private school educators, faculty and organizers, the legitimate interests of ensuring smooth private school management reform in an orderly fashion. People's Republic of China Law on private education promotion under this decision be revised and republished.

Related Laws